Will Feds try a run to the appeals court?
In its Emergency Motion, the Feds threatened that if U.S. District Court Judge Andrew S. Hanen did not grant the stay by the close of business on Wednesday, February 25, the Feds would seek an emergency stay from the 5th Circuit Court of Appeals.
The plaintiff States argued that that was too short of a time for them to respond, considering the Feds took a week to bring the Emergency motion.
Judge Hanen just ruled that the States had until Monday, March 2, to respond. (Order below). [Update: Changed to March 3 – see Amended Order below.]
Will the Feds now run to the Appeals Court? Or wait until Judge Hanen rules next week? Normally, a litigant has to request relief from the trial court first. I’m not sure, as I write, whether a modest delay in the trial court would cause the 5th Circuit to refuse to hear an emergency motion until the trial court rules.
As of this writing, there has been no stay motion filed in the 5th Circuit according to the electronic docket.)
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