Opinions Relating to Orders - 2018

Trump v. Sierra Club

The application for stay presented to JUSTICE KAGAN and by her referred to the Court is granted. Among the reasons is that the Government has made a sufficient showing at this stage that the plaintiffs have no cause of action to obtain review of the Acting Secretary’s compliance with Section 8005. The District Court’s June 28, 2019 order granting a permanent injunction is stayed pending disposition of the Government’s appeal in the United States Court of Appeals for the Ninth Circuit and disposition of the Government’s petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate when the Court enters its judgment. JUSTICE GINSBURG, JUSTICE SOTOMAYOR, and JUSTICE KAGAN would deny the application. JUSTICE BREYER, concurring in part and dissenting in part from grant of stay. To warrant this stay, the Government must show not just (1) a reasonable probability that the Court will grant certiorari and (2) a fair prospect that the Court will reverse, but also (3) “‘a likelihood that irreparable harm will result from the denial of a stay.’” Maryland v. King, 567 U. S. 1301, 1302 (2012) (ROBERTS, C. J., in chambers). T

Leave a Reply

Your email address will not be published. Required fields are marked *