Indeed. I don't know if the complaint will survive the appeal. But the outcome has demonstrated the point I wanted to make, which is that the law isn't an equation in the way that was implied. Courts will consider more than one source of law in arriving at a judgement.
The appeals court will likely do so as well, and may decide to allow the president's eo the discretion he anticipated being granted. Who knows? But the way this eo was introduced was clumsy and left room for the complaint. If the appeals court supports the initial judgement, then unless Gorsuch takes his seat on the bench quickly, the TRO probably becomes permanent.
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