Hi David,

Thank you very much for this post. Before the case got to the Supreme Court level, could the Obama administration, a state, or an immigrant have challenged the nationwide injunction in a circuit other than the Fifth Circuit? You mention in the post that the administration might seek to do that in the event of a four-four tie. I’m just trying to understand if that is because the administration only could do so after the four-four tie (making it a question of legal process) or if the administration could have done so before but chose not to (making it more a question of legal strategy). Hopefully that question makes sense. Thanks!

Andrew