A Complete and Total Repudiation

Appellate Jurisdiction
We are satisfied that in the extraordinary circumstances of this case, the district court’s order possesses the qualities of an appealable preliminary injunction.

Standing
We therefore hold that the States have standing.

Reviewability of the Executive Order
In short, although courts owe considerable deference to the President’s policy determinations with respect to immigration and national security, it is beyond question that the federal judiciary retains the authority to adjudicate constitutional challenges to executive action.

Legal Standard
The Government has not shown that it is likely to succeed on appeal on its arguments about, at least, the States’ Due Process Clause claim, and we also note the serious nature of the allegations the States have raised with respect to their religious discrimination claims. We express no view as to any of the States’ other claims.

Likelihood of Success—Due Process
For now, it is enough for us to conclude that the Government has failed to establish that it will likely succeed on its due process argument in this appeal.

Likelihood of Success—Religious Discrimination
The States’ claims raise serious allegations and present significant constitutional questions. In light of the sensitive interests involved, the pace of the current emergency proceedings, and our conclusion that the Government has not met its burden of showing likelihood of success on appeal on its arguments with respect to the due process claim, we reserve consideration of these claims until the merits of this appeal have been fully briefed.

The Balance of Hardships and the Public Interest
We need not characterize the public interest more definitely than this; when considered alongside the hardships discussed above, these competing public interests do not justify a stay.

Conclusion
For the foregoing reasons, the emergency motion for a stay pending appeal is DENIED.