Some case law, will add more later.
Initial thoughts: This could have been so much easier if:
1. The EA had been vetted conservatively by the DOJ, rather than what looks to be a pov of seeing how far they could push things and not break the constitution.
2. Loose lips sink ships… egads folks, I get you are trying to procedurally wiggle around look back stuff, but when anyone can look things up on twitter, the argument against bad faith falls apart pretty fast.
3. The Feb 1 memorandom The suspension of entry in Section 3(c) does not apply to lawful permanent residents of the United States. should have been included from the get go rather than toggling back and forth as to whether it does, or whether it does not. Washington’s argument that this is not a national security issue makes sense as if it were a true threat, this keystone cop scenario would not have occurred.
4. 1152a1a vs 212f makes for a mess…. congress should have been explicit in this. Its like they are asking the courts to legislate from the bench. Alas nothing new in this.
Equal protection from other cases wrt TRO
Litigation Documents & Resources Related to Trump Executive Order on Immigration