Wednesday, July 16, 2025
Why the TROs will Keep Coming
Imagine that you are a federal district judge. You don’t get all that many constitutional cases. One is filed before you challenging an executive action. The issues presented are novel and complex. The plaintiffs ask for a TRO. Your natural instinct, I think, would be to say “I’m going to put the challenged action on hold for a little while until I can figure out what the hell is going on.”
The Supreme Court’s reversal of some or even most of these TROs won’t change this dynamic. The only thing that might be helpful would be if TROs were time limited to say, two weeks. Part of the problem is that there is no uniform standard. Plus, some may suspect that a “temporary” order is not so temporary because its duration is indefinite. But admittedly there are cases in which even a two-week TRO might seem unreasonable.
Posted by Gerard Magliocca on July 16, 2025 at 11:03 AM | Permalink
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