State of Washington v. Donald J. Trump
Summary of the case State of Washington v. Donald J. Trump
The court denied the government's motion for a stay of a restraining order pending appeal. The order became moot after the government dismissed its appeal. A vote for en banc reconsideration to vacate the order failed to receive majority support, and vacatur was denied.
Key Issues of the case State of Washington v. Donald J. Trump
- Motion for stay of restraining order
- En banc reconsideration for vacatur
Key Facts of the case State of Washington v. Donald J. Trump
- The government moved for a stay of a restraining order pending appeal.
- The appeal was dismissed by the government's unopposed motion.
Decision of the case State of Washington v. Donald J. Trump
Vacatur of the stay order is denied.
Opinions
AMENDED ORDER This court in a published order previously denied a motion of the government for a stay of a restraining order pending appeal. 847 F.3d 1151 (9th Cir. 2017). That order became moot when this court granted the government’s unopposed motion to dismiss its underlying appeal. Order, Mar. 8, 2017. No party has moved to vacate the published order. A judge of this court called for a vote to determine whether the court should grant en banc reconsideration in order to vacate the published order denying the stay.
The matter failed to receive a majority of the votes of the active judges in favor of en banc reconsideration. Vacatur of the stay order is denied. See U.S. Bancorp Mortgage Co. v.
Bonner Mall Partnership, 513 U.S. 18, 115 S.Ct. 386, 130 L.Ed.2d 233 (1994) (holding that the “extraordinary remedy of vacatur” is ordinarily unjustified when post-decision mootness is caused by voluntary action of the losing party). This order is being filed along with a concurrence from Judge Reinhardt, a concurrence from Judge Berzon, a dissent from Judge Kozinski, a dissent from Judge Bybee, and a dissent from Judge Bea. No further opinions will be filed.