correct me if Im wrong...
If california does not appeal the ruling it becomes law
if they appeal and loose at the supreme court level it become permanent law..so due to liberal over reach once again we have checkmate?
I'll correct you, then.
This was just on the temporary injunction. The lower court still has to make a determination on the merits of a permanent injunction.
Basically 3 levels in seeking to enjoin something:
Temporary Restraining Order - generally granted ex-parte to prevent immediate, irreversible harm
Temporary injunction - as here, to maintain the status quo until there can be a full determination on the merits
Permanent injunction - following full trial on the merits, prohibits forever the conduct sought to be enjoined.
It doesn’t become law. It was a law that was blocked because it was unconstitutional. The state has a certain amount of time to appeal. If they do not, the injunction becomes permanent and the law is effectively repealed permanently. Sadly, this decision is only a guide for 9th Circus judges. Other federal judges outside the 9th are not bound by it.
This was a three judge panel, so next step is an appeal to the full court. Knowing the 9th they will probably overturn this (reinstate the law). Then it will be up to SCOTUS (hopefully with Kavanaugh) to overturn the 9th, as usual. But anything could happen. The 9th could just save themselves the trouble and refuse to hear it.