Overview

• In a 2–1 decision, Judges Ronald Gould and Michael Hawkins found the executive order unconstitutional and affirmed a universal preliminary injunction
• Judge Patrick Bumatay dissented on grounds that the states lacked standing and that relief should be limited to parties before the court
• The majority held that a nationwide block was needed to prevent irreparable harm to state-administered programs like Medicaid, CHIP and Title IV-E
• The ruling follows the Supreme Court’s June ruling that narrowed nationwide injunctions while preserving exceptions for class actions and state relief
• The administration plans to appeal—potentially to the Supreme Court—while an ACLU-backed class-action injunction remains in effect