The Government does not ask for complete stays of the injunctions, as it ordinarily does before this Court. Why? The answer is obvious: To get such relief, the Government would have to show that the Order is likely constitutional, an impossible task in light of the Constitution’s text, history, this Court’s precedents, federal law, and Executive Branch practice.
Sotomayor critiques the government's strategy to avoid proving the constitutionality of its policies.
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In the end, to the Court, the facts do not matter, even though the consequences are serious.
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