3min chapter

Opening Arguments cover image

OA637: Trump's Appeal Is On Clarence Thomas's Desk, But That's Ok

Opening Arguments

CHAPTER

Is the Order Appointing a Special Master Instantly Appealable?

In order to get emergency interlocutory relief, you not only have to show likelihood of success on the merits, but you have to show irreparable harm. The government's position presumes certain documents are in fact classified. Affording President Trump no opportunity to contend otherwise. This presumption is at the core of the disputes since President Trump had absolute authority over classification decisions during his presidency.

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