DHS applies for a stay allowing termination of TPS for Syrians to go forward, SCOTUS requests response by March 4th
This looks less like justice and more like strategy.
Another TPS rescission case that SCOTUS will need to handle. SCOTUS docket here. Notably, the application also highlights the other TPS termination cases and specifically requests certiorari before judgment:
As in the two prior TPS applications, this Court should again stay a materially similar order with materially similar flaws. Moreover, given the lower courts’ persistent disregard for this Court’s stay orders, this Court should also grant certiorari before judgment. Otherwise, lower courts will continue to impermissibly bypass an unambiguous judicial-review bar and displace the Secretary’s judgment on matters committed to her unreviewable discretion by law; continue to twist APA review to substitute their own judgment for the Secretary’s; and continue to impede the termination of temporary protection that the Secretary has deemed contrary to the national interest, tying those decisions up in protracted litigation with no end in sight.
This looks less like justice and more like strategy.
Another TPS rescission case that SCOTUS will need to handle. SCOTUS docket here. Notably, the application also highlights the other TPS termination cases and specifically requests certiorari before judgment:
As in the two prior TPS applications, this Court should again stay a materially similar order with materially similar flaws. Moreover, given the lower courts’ persistent disregard for this Court’s stay orders, this Court should also grant certiorari before judgment. Otherwise, lower courts will continue to impermissibly bypass an unambiguous judicial-review bar and displace the Secretary’s judgment on matters committed to her unreviewable discretion by law; continue to twist APA review to substitute their own judgment for the Secretary’s; and continue to impede the termination of temporary protection that the Secretary has deemed contrary to the national interest, tying those decisions up in protracted litigation with no end in sight.
DHS applies for a stay allowing termination of TPS for Syrians to go forward, SCOTUS requests response by March 4th
This looks less like justice and more like strategy.
Another TPS rescission case that SCOTUS will need to handle. SCOTUS docket here. Notably, the application also highlights the other TPS termination cases and specifically requests certiorari before judgment:
As in the two prior TPS applications, this Court should again stay a materially similar order with materially similar flaws. Moreover, given the lower courts’ persistent disregard for this Court’s stay orders, this Court should also grant certiorari before judgment. Otherwise, lower courts will continue to impermissibly bypass an unambiguous judicial-review bar and displace the Secretary’s judgment on matters committed to her unreviewable discretion by law; continue to twist APA review to substitute their own judgment for the Secretary’s; and continue to impede the termination of temporary protection that the Secretary has deemed contrary to the national interest, tying those decisions up in protracted litigation with no end in sight.
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