News sources reported late yesterday that, although no final decision has been made, Obama administration sources that the Department of Justice is unlikely to seek an emergency stay to block the district court's preliminary injunction of the expanded deferred action programs. The reason is simple: While DOJ thinks it will ultimately prevail on the merits, department officials believe they would not succeed in seeking an emergency stay.
The judge’s ruling is likely to remain intact while the case is appealed to the U.S. Court of Appeals for the Fifth Circuit and possibly to the Supreme Court. That process is likely to take six months or longer.
The most disconnected man in Washington says “what?”
“While DOJ thinks it will ultimately prevail on the merits, department officials believe they would not succeed in seeking an emergency stay.”
Translation: they know they can’t make a proper legal argument that would satisfy the lower courts, but they have enough Supreme Court justices in their pocket that it won’t matter once it gets to that level.