Dan Epps

Right. And so preliminary injunctions are immediately appealable. And as you alluded to, in practice, the preliminary injunction has often become

permanent injunction yeah and the court will often rule on likelihood of success on the merits and then they'll just basically say this person wins right so the tro is often sort of de facto the new the preliminary preliminary injunction i need to i need to figure out whether or not you're going to get a preliminary injunction i know the preliminary injunction is going to go up to the supreme court so i've got to really nail it down so preliminarily to not last very long tiros yeah

permanent injunction yeah and the court will often rule on likelihood of success on the merits and then they'll just basically say this person wins right so the tro is often sort of de facto the new the preliminary preliminary injunction i need to i need to figure out whether or not you're going to get a preliminary injunction i know the preliminary injunction is going to go up to the supreme court so i've got to really nail it down so preliminarily to not last very long tiros yeah

Yeah. So the TROs are supposed to last like two weeks. And they're supposed to not be appealable, although there is a developed and developing jurisprudence about when is a TRO effectively a preliminary injunction and when does the All Writs Act allow courts to kind of de facto review it.

Yeah. So the TROs are supposed to last like two weeks. And they're supposed to not be appealable, although there is a developed and developing jurisprudence about when is a TRO effectively a preliminary injunction and when does the All Writs Act allow courts to kind of de facto review it.

This is just the general concept. And then preliminary injunctions are expressly enumerated as an exception. I see. And so it's just the fact that TROs are not normally within the statutory definition of a preliminary injunction. Okay. Okay.

This is just the general concept. And then preliminary injunctions are expressly enumerated as an exception. I see. And so it's just the fact that TROs are not normally within the statutory definition of a preliminary injunction. Okay. Okay.

Completely? Yeah. maybe not completely. Okay. So partially, partially. Yeah. I mean, what does final mean? I'm, I'm open to being against that. Okay. Uh, I looked into it at some point. It was a little more complicated than I thought, but TROs are quintessentially not collateral, right?

Completely? Yeah. maybe not completely. Okay. So partially, partially. Yeah. I mean, what does final mean? I'm, I'm open to being against that. Okay. Uh, I looked into it at some point. It was a little more complicated than I thought, but TROs are quintessentially not collateral, right?

Cause the, all the questions in the TRO are questions you're going to ask again at the preliminary junction stage a little more, uh, clearly, uh, But – and I do think we're seeing just an unusually large wave of sort of administrative TROs last month, which some people attribute to the district courts.

Cause the, all the questions in the TRO are questions you're going to ask again at the preliminary junction stage a little more, uh, clearly, uh, But – and I do think we're seeing just an unusually large wave of sort of administrative TROs last month, which some people attribute to the district courts.

When you say administrative TROs – I just mean TROs against administrative actions by the president.

When you say administrative TROs – I just mean TROs against administrative actions by the president.

Well – At TRO, this is the next – At TRO is also kind of administrative stay-like in that the court is saying – Administrative stays are just like, stop what you're doing.

Well – At TRO, this is the next – At TRO is also kind of administrative stay-like in that the court is saying – Administrative stays are just like, stop what you're doing.

Sometimes At TRO is like –

Sometimes At TRO is like –

stop what you're doing so we can at least get some more briefing on this right or stop what we're doing so we can like you know call the boss or whatever but so the there's a kind of sliding scale of uh stop to justification that goes from administrative state a tiro at a preliminary injunction to permanent injunction but anyway i think so i think a recurring question we're going to see is are these tiros you know what's up with these tiros are they immediately appealable or not

stop what you're doing so we can at least get some more briefing on this right or stop what we're doing so we can like you know call the boss or whatever but so the there's a kind of sliding scale of uh stop to justification that goes from administrative state a tiro at a preliminary injunction to permanent injunction but anyway i think so i think a recurring question we're going to see is are these tiros you know what's up with these tiros are they immediately appealable or not

And that's one of the questions the D.C. Circuit and maybe the Supreme Court had to confront here in Dellinger. And D.C. Circuit said, we can't review this. Right. The D.C. Circuit said, this is a TRO. TROs are not ordinarily appealable. You could maybe make an exception under certain circumstances, but we're not going to make an exception.