The Timing of the 5th Circuit’s Ruling in A.A.R.P. v. Trump
On Saturday evening, I wrote a series of posts about A.A.R.P. v. Trump. This case rocketed from the District Court to the Supreme Court in approximately twelve hours. Still, the timing of the case remained a bit fuzzy.
For example, the New York Times reported:
The Fifth Circuit issued its ruling in the small hours of Saturday morning, denying the A.C.L.U.’s request for emergency relief as premature.
Steve Vladeck offered this timing:
Then, a little before 1:00 a.m., the Supreme Court stepped in. As noted above, the cryptic order specifies that “The Government is directed not to remove any member of the putative class of detainees from the United States until further order of this Court.” And it notes that (1) the government can respond to the emergency application once the Fifth Circuit rules (which it did even later in the evening—denying emergency relief); and (2) Justices Thomas and Alito dissented, with an opinion from Alito apparently forthcoming.
A reporter told me the Supreme Court press corp was notified at 12:56 a.m.
So which came first? The Supreme Court’s ruling or the Fifth Circuit’s ruling?
Well, I wasn’t certain, so I emailed the Fifth Circuit’s clerk, Lyle Cayce, who provided this chronology:
The clerk’s office received the Notice of Appeal at 3:02 p.m. and opened the appeal and assigned the matter to a randomly selected panel at 4:33.
The panel returned an order at approximately 11:56 p.m. and the clerk prepared the order using the Friday date. But docketing the order took a few minutes, and the docket entry was not completed until 1203 a.m. on Saturday.
After docketing the order, the emergency d
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