Trump v. Hawaii

Factual and Procedural Background

This opinion addresses an application for a stay of a lower court order.

The President of the United States and other government applicants sought a stay of the United States District Court's October 20, 2017 order, which had granted a preliminary injunction. The Government pursued an appeal from that injunction in the United States Court of Appeals for the Ninth Circuit.

The application for a stay was presented initially to Justice Kennedy, who referred it to the full Supreme Court. The Supreme Court issued this order staying the District Court's preliminary injunction while the Government's appeal in the Ninth Circuit is pending, and also during the disposition of any petition for a writ of certiorari to the Supreme Court, if such a petition is filed.

Legal Issues Presented

1. Whether the Supreme Court should grant a stay of the District Court's October 20, 2017 order granting a preliminary injunction, pending the Government's appeal in the Ninth Circuit and possible review by the Supreme Court on a petition for a writ of certiorari.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Supreme Court granted the application for a stay of the District Court's October 20, 2017 preliminary injunction. The stay is expressly conditioned on the progress and outcome of the Government's appeal and any subsequent Supreme Court review. Specifically, the Court ordered that:

• The preliminary injunction is stayed pending disposition of the Government's appeal in the Ninth Circuit.
• The stay also continues pending disposition of the Government's petition for a writ of certiorari, if such a petition is filed.
• If a writ of certiorari is sought and the Supreme Court denies the petition, this stay order terminates automatically.
• If the Supreme Court grants the petition for a writ of certiorari, the stay terminates when the Court enters its final judgment.

The Court further noted that, in light of its decision to consider the case on an expedited basis, it expected the Court of Appeals to issue its decision "with appropriate dispatch," indicating an expectation of prompt action by the Ninth Circuit.

The opinion records that Justice Ginsburg and Justice Sotomayor would have denied the application for a stay, but it does not provide their reasoning.

Holding and Implications

Holding: The Supreme Court GRANTED the application for a stay. The District Court's October 20, 2017 order granting a preliminary injunction is stayed pending (1) disposition of the Government's appeal in the Ninth Circuit and (2) disposition of any petition for a writ of certiorari, subject to automatic termination of the stay if certiorari is denied, or termination upon the Supreme Court's judgment if certiorari is granted.

Implications: The immediate consequence is that the District Court's preliminary injunction is not in effect while the Government's appeal proceeds and while any Supreme Court review is pending under the conditions stated. The opinion does not discuss broader legal implications or establish any new precedent within the text provided.