3 ms·

A question regarding the appeal process: So if he releases the information before the government reaches the appeal court, is that illegal? Is there normally s

• rayiner 11y ago
  In general, a district court's order is effective immediately, regardless of whether the other party intends to appeal. In a case like this where the activity at issue cannot be "undone" the district court may specify the order to become effective at some point in the future, as here: > The Court’s order will go into effect in 90 days. Mr. Merrill will remain gagged for that period, in order to allow the government time to decide whether to appeal the decision. The government has 60 days to file an appeal. But even filing the appeal won't by itself prevent the district court's order from going into effect. It'll have to file a motion for stay, and the appellate court will have to decide to keep the district court order from going into effect pending appeal. The decision of that motion will be an early look into what the appellate court is thinking. The standard for granting a stay requires the appellate court to conclude that the appellant (here, the government) has a likelihood of succeeding on the merits of the appeal.
  • calgoo 11y ago
    Thanks! Just what I wanted to know. Must have missed that part from the article regarding the 90 Days.