Today the U.S. Court of Appeals for the First Circuit rejected the Trump Administration's motion for a stay pending appeal of a district court's universal preliminary injunction against enforcement of President Trump's Executive Order curtailing birthright citizenship. Other circuit courts have similarly ruled.
Interestingly enough, the Department of Justice did not try to argue that it was likely to prevail defending the merits of the Executive Order. Rather, the government's briefs maintained that it was likely to prevail challenging the standing of the state plaintiffs. The court did not accept this argument however.
Chief Judge David Barron wrote for the panel. From his opinion:
