DEFENDANTS-APPELLEES’ OPPOSITION TO EMERGENCY MOTION FOR ADMINISTRATIVE INJUNCTION The Court should deny plaintiffs’ request for an immediate “administrative injunction” pending a ruling on their forthcoming motion for an injunction pending appeal. For the reasons set out below, entering the requested relief would exceed the proper bounds of this Court’s emergency, equitable authority. It would also be profoundly inequitable to stay the implementation of numerous rule provisions— many of which plaintiffs do not even challenge and none of which the district court found likely to be unlawful—without affording the government a full and fair opportunity to address plaintiffs’ arguments. Accordingly, this Court should deny plaintiffs’ request for emergency administrative relief and allow the government the ten days provided for in the Federal Rules of Appellate Procedure—or at minimum, a reasonable period—to respond to plaintiffs’ forthcoming motion for an injunction pending appeal.
https://assets.journa.host/media_attachments/files/112/882/320/516/734/543/original/593adcb84dd6f3cd.png