Stay You, Stay Me: CA2 Enters Interim Stay Order in Hedges
Circuit judge Raymond Lohier has granted the Justice Department's request for an interim stay of the permanent injunction in Hedges, pending the Second Circuit's consideration of the government's motion to stay the inj
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Circuit judge Raymond Lohier has granted the Justice Department's request for an interim stay of the permanent injunction in Hedges, pending the Second Circuit's consideration of the government's motion to stay the injunction throughout its appeal. Judge Lohier's order further says that a Second Circuit motions panel will take up the government's motion for stay pending appeal on September 28, 2012.
Procedurally, this seems to obviate an earlier stay motion, which the government filed in the district court---but which the district court said it would not resolve until tomorrow. (Plaintiffs had urged the court of appeals to hold off until Judge Forrest had decided the government's motion.)
Wells C. Bennett was Managing Editor of Lawfare and a Fellow in National Security Law at the Brookings Institution. Before coming to Brookings, he was an Associate at Arnold & Porter LLP.
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