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Barr v. E. Bay Sanctuary Covenant

Supreme Court of the United States

September 11, 2019, Decided

No. 19A230.

Opinion

 [**1189]  [*3]  The application for stay presented to Justice Kagan and by her referred to the Court is granted. The district court’s July 24, 2019 order granting a preliminary injunction and September 9, 2019 order restoring the nationwide scope of the injunction are stayed in full 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 sought. If a writ of certiorari is sought and the Court denies the petition, this order shall terminate automatically. If the Court grants the petition for a writ of certiorari, this order shall terminate when the Court enters its judgment.

Dissent by: SOTOMAYOR

Dissent

 [*4]  Justice Sotomayor, with whom Justice Ginsburg joins, dissenting from grant of stay.

Once again the Executive Branch has issued a rule that seeks to upend longstanding practices regarding refugees who seek shelter from persecution. Although this Nation has long kept its doors open to refugees—and although the stakes for asylum seekers could not be higher—the Government implemented its rule [***2]  without first providing the public notice and inviting the public input generally required by law. After several organizations representing immigrants sued to stop the rule from going into effect, a federal district court found that the organizations were likely to prevail and preliminarily enjoined the rule nationwide. A federal appeals court narrowed the injunction to run only circuit-wide, but denied the Government’s motion for a complete stay.

Now the Government asks this Court to intervene and to stay the preliminary decisions below. This is an extraordinary request. Unfortunately, the Court acquiesces. Because I do not believe the Government has met its weighty burden for such relief, I would deny the stay.

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140 S. Ct. 3 *; 204 L. Ed. 2d 1189 **; 2019 U.S. LEXIS 4619 ***; 28 Fla. L. Weekly Fed. S 1; 2019 WL 4292781

WILLIAM P. BARR, ATTORNEY GENERAL, ET AL. v. EAST BAY SANCTUARY COVENANT, ET AL.

Notice: The LEXIS pagination of this document is subject to change pending release of the final published version.

Prior History:  [***1] ON APPLICATION FOR STAY

East Bay Sanctuary Covenant v. Barr, 385 F. Supp. 3d 922, 2019 U.S. Dist. LEXIS 124268 (N.D. Cal., July 24, 2019)

CORE TERMS

district court, asylum, injunction