Trump v. Int'l Refugee Assistance Project

Background

The Government asked the Justices to pause a lower court’s October 17, 2017 order that had granted a preliminary injunction. The case then moved to the United States Court of Appeals for the Fourth Circuit, and the Government said it might ask the Supreme Court to review the matter. The emergency request for a pause was referred to the Court and considered by the Justices.

Reasoning

The central question was whether to keep the district court’s preliminary injunction on hold while the Government pursued its appeal and any petition asking the Supreme Court to review the case. The Court granted the stay, meaning the district court’s injunction is suspended pending the Fourth Circuit appeal and any Supreme Court petition. The order explains that if the Supreme Court is asked to review the case and then denies that request, the stay ends automatically; if the Court agrees to review the case, the stay ends when the Court issues its judgment. The Court also said it expects the Court of Appeals to decide the appeal promptly.

Real world impact

As a practical matter, the Government may pause the effects of the lower court’s injunction while appeals move forward. This is a temporary procedural ruling, not a final decision on the underlying legal dispute, and the pause can end automatically depending on how Supreme Court review plays out. The pace of the Fourth Circuit’s decision will matter to how long the injunction remains on hold.

Dissents or concurrances

Two Justices, Ginsburg and Sotomayor, said they would have denied the Government’s request to pause the injunction, indicating disagreement about granting the stay.