The Fifth Circuit Court of Appeals has set the briefing schedule in the government’s appeal of the nationwide injunction of the persuader rule. The government’s brief is due April 17, 2017. Response briefs are due 30 days later. Reply briefs must be filed 14 days after the response brief.
The briefing schedule may finally tell us whether the Trump Administration intends to defend the rule proposed under the Obama Administration. The government could simply withdraw its appeal and let the lower court’s injunction stand. If the Trump Administration does pursue the appeal, it will be interesting to see whether it adopts the former Administration’s arguments in favor of the rule. We will continue to provide updates as they develop.