More on the government's ongoing effort to stay the district court's entry of permanent injunctive relief in Hedges v. Obama: it appears that the government's initial motion before Judge Forrest was for an "administrative" stay only---that is, the Justice Department sought (but the district court rejected), a "stay" pending Judge Forrest's resolution of the government's request to stay her injunction during the government's appeal to the Second Circuit. In an email to the parties on Friday, Judge Forrest explained that she nevertheless planned to rule on the government's pending motion sometime on Wednesday, i.e. immediately after Rosh Hashanah.

In the meantime (and fulfilling a promise it made by letter Friday afternoon), the government today asked the court of appeals for an emergency stay, during the Second Circuit's consideration of the request and until final resolution of the case. At the same time, plaintiffs have filed a letter brief with the court of appeals, in which plaintiffs cite the pendency of the stay motion in the district court as a reason for the Second Circuit not to act. (Plaintiffs also observe that the Justice Department's prior letter had not mentioned Judge Forrest's announced plan to rule quickly.)

Here's the opening part of the government's motion on the court of appeals: