State of Washington, et al v. Donald J. Trump, et al

Filing 191

Filed Order for PUBLICATION Amending Order Filed 3/15/17 (WILLIAM C. CANBY, RICHARD R. CLIFTON and MICHELLE T. FRIEDLAND) (Concurrence by Judge Reinhardt, Concurrence by Judge Berzon, Dissent by Judge Kozinski, Dissent by Judge Bybee and Dissent by Judge Bea - (SEE ATTACHED FOR FULL TEXT)) This court in a published order previously denied a motion of the government for a stay of a restraining order pending appeal. 847 F.3d 1151 (9th Cir. 2017). That order became moot when this court granted the government’s unopposed motion to dismiss its underlying appeal. Order, Mar. 8, 2017. No party has moved to vacate the published order. A judge of this court called for a vote to determine whether the court should grant en banc reconsideration in order to vacate the published order denying the stay. The matter failed to receive a majority of the votes of the active judges in favor of en banc reconsideration. Vacatur of the stay order is denied. See U.S. Bancorp Mortgage Co. v. Bonner Mall Partnership, 513 U.S. 18 (1994) (holding that the “extraordinary remedy of vacatur” is ordinarily unjustified when post-decision mootness is caused by voluntary action of the losing party). This order is being filed along with a concurrence from Judge Reinhardt, a concurrence from Judge Berzon, a dissent from Judge Kozinski, a dissent from Judge Bybee, and a dissent from Judge Bea. No further opinions will be filed. [10362285]--[Edited: Attached Webcite. 03/24/2017 by RY] (RMM) [Entered: 03/17/2017 05:57 PM]

Case: 17-35105, 03/17/2017, ID: 10362285, DktEntry: 191-1, Page 1 of 2

FILED

FOR PUBLICATION

MAR 17 2017

UNITED STATES COURT OF APPEALS

MOLLY C. DWYER, CLERK

FOR THE NINTH CIRCUIT
STATE OF WASHINGTON and STATE
OF MINNESOTA,
Plaintiffs-Appellees,

No.

U.S. COURT OF APPEALS

17-35105

D.C. No. 2:17-cv-00141
Western District of Washington,
Seattle

v.
AMENDED ORDER
DONALD J. TRUMP, President of the
United States; U.S. DEPARTMENT OF
HOMELAND SECURITY; REX W.
TILLERSON, Secretary of State; JOHN F.
KELLY, Secretary of the Department of
Homeland Security; UNITED STATES
OF AMERICA,
Defendants-Appellants.
Before: CANBY, CLIFTON, and FRIEDLAND, Circuit Judges.
This court in a published order previously denied a motion of the
government for a stay of a restraining order pending appeal. 847 F.3d 1151 (9th
Cir. 2017). That order became moot when this court granted the government’s
unopposed motion to dismiss its underlying appeal. Order, Mar. 8, 2017. No party
has moved to vacate the published order. A judge of this court called for a vote to
determine whether the court should grant en banc reconsideration in order to
vacate the published order denying the stay. The matter failed to receive a
majority of the votes of the active judges in favor of en banc reconsideration.

Case: 17-35105, 03/17/2017, ID: 10362285, DktEntry: 191-1, Page 2 of 2

Vacatur of the stay order is denied. See U.S. Bancorp Mortgage Co. v. Bonner
Mall Partnership, 513 U.S. 18 (1994) (holding that the “extraordinary remedy of
vacatur” is ordinarily unjustified when post-decision mootness is caused by
voluntary action of the losing party).
This order is being filed along with a concurrence from Judge Reinhardt, a
concurrence from Judge Berzon, a dissent from Judge Kozinski, a dissent from
Judge Bybee, and a dissent from Judge Bea. No further opinions will be filed.

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