this post was submitted on 13 Jun 2025
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United States | News & Politics
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Can someone explain to me how that appeal-system is supposed to work? As far as I understand, the White House has "escalated" Breyer's decision to the next instance. This instance has now decided that the measures decided on by Breyer will not take effect until a "proper" decision from the next instance is provided. Is that correct?
Yeah, sort of. Basically the guy that is bringing the action has to show that the entity being sued is causing irreparable harm in order to get the judge to say “stop doing that until we can have a trial”.
But on appeal, the roles are reversed. The other entity had to show that the lower court prohibiting him from doing the thing he was doing is causing him irreparable harm.
It’s quite possible for both parties to be able show that this is the case. It’s not (always, necessarily) a partisan issue.
(Disclaimer: IANAL, and all I know about American federal law is from following the news)
Thank you!