What is the government's burden of making a strong showing that it is likely to prevail against procedural due process claims?
MultiRegion, United States of America
The following excerpt is from Washington v. Trump, No. 17-35105 (9th Cir. 2017):
At this stage of the proceedings, it is the Government's burden to make "a strong showing that [it] is likely to" prevail against the States' procedural due process claims. Lair v. Bullock, 697 F.3d 1200, 1203 (9th Cir. 2012) (quoting Nken v. Holder, 556 U.S. 418, 426 (2009)). We are not persuaded that the Government has carried its burden for a stay pending appeal.
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