9th Cir Declines to Strike Down EO TRO

A sensible, cautious, and careful opinion. It will probably drive Trump nuts.

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3 Responses to 9th Cir Declines to Strike Down EO TRO

  1. eric says:

    stretching the third party standing doctrine to its outermost limits. i.e. equating the fact that schools have standing for students in some situations to schools having standing for aliens

    • 10:1 the standing part of the decision holds up. States own universities, their universities have pled loss of specific students and employees, that is enough for direct standing. The third party stuff is needed for other parts of the order, but if the court correctly characterized the precedents it is not odd either.

  2. eric says:

    I only thought that the third party standing analysis was odd, because I think there is a difference between students that are citizens being represented by a school when the students lack standing and aliens being represented by a school when the aliens lack standing…but not going to take a bet against you, even at 10:1…

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