CA9 on MPP: Partial Stay Extended

Innovation Law Lab v. Wolf

"If the law were less clear—that is, if there were any serious possibility that the MPP is consistent with §§ 1225(b) and 1231(b)—we would stay the district court’s injunction in its entirety pending disposition of the Government’s petition for certiorari. However, it is very clear that the MPP violates §§ 1225(b) and 1231(b), and it is equally clear that the MPP is causing extreme and irreversible harm to plaintiffs. We stay, pending disposition of the Government’s petition for certiorari, the district court’s injunction insofar as it operates outside the Ninth Circuit. We decline to stay, pending disposition of the Government’s petition for certiorari, the district court’s injunction against the MPP insofar as it operates within the Ninth Circuit. The Government has requested in its March 3 reply brief, in the event we deny any part of their request for a stay, that we “extend the [administrative] stay by at least seven days, to March 10, to afford the Supreme Court an orderly opportunity for review.” We grant the Government’s request and extend our administrative stay entered on Friday, February 28, until Wednesday, March 11. If the Supreme Court has not in the meantime acted to reverse or otherwise modify our decision, our partial grant and partial denial of the Government’s request for a stay of the district court’s injunction, as described above, will take effect on Thursday, March 12."