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8. When a lower court makes an appealable order or ruling
Mon May 20, 2019, 06:02 PM
May 2019

When a lower court judge issues an order or ruling that can be appealed, the judge will often stay action on the order pending an appeal by the losing party. Judges often do that when there is a close question of the law and how it should be interpreted and applied, and if the losing party might suffer irreparable harm (such as the disclosure of privileged information vital to national security, for example). However, it is within the judge's power and discretion to have the order immediately enforced if the chances of a successful appeal are bad. In this instance, Judge Mehta has ruled that the law on this subject is so clear as to make the success of any appeal unlikely, and that there is no just reason to delay implementation of his ruling.

Trump can certainly appeal; the judge just doesn't think he has any chance of succeeding.

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