Subject: Re: Alien Enemies act appeal
As I understand it (IANAL), TROs are not appealable. But they are being appealed. How does that work?
IAANAL (slip an "also" in there), but my understanding is that the appeal was on the judge's ability to issue the TRO, not on the contents of the TRO. The argument was that there was no immediate harm to be halted by issuing a TRO - an argument that, from my non-lawyer reading, pretty much got laughed out of the appeals court. Even the dissenter didn't try to argue against that point. He had to try to slip a venue argument in there to justify his Trump-but-kissing.
--Peter