Nken, with the first two being most important: "(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceedings; and (4) where the public interest lies." The court denied the stay as they found the federal government failed to prove the first two questions, and that the last two tip in favor of the plaintiffs, Washington and Minnesota. The court ruled that the federal government is unlikely to succeed on the merits against Washington's due process claim. Though the court discussed Washington State's contention that the executive order violates the First Amendment prohibition on religious discrimination, they withheld ruling on that claim, as being unlikely to succeed against a due process claim is sufficient to fail the first question. The federal government did not provide evidence or argument as to why the executive order needed to be enacted immediately and thus a stay required. In showing the federal government was unlikely to succeed on the merits against a due process claim, the court argued that it showed the States and their citizens would be irreparably harmed by a stay as "the deprivation of constitutional rights 'unquestionably constitutes irreparable injury.'" The court found that "aspects of the public interest favor both sides", but that in light of the prior three questions, "these competing public inteterests do not justify a stay." En banc proceedings The day after the denial of stay, the 9th Circuit ordered the parties to submit supplemental briefs on whether the motion should be reheard en banc. The order was issued at the request of an unidentified judge of the Ninth Circuit to be voted on by all 25 active judges (though, if successful, a rehearing would be by a panel of 11 judges). The parties were instructed to submit their briefs by February 16. On February 16, the Trump administration asked to postpone further proceedings because they expected to replace executive order with a new one the following week. In response, the 9th Circuit issued an order on the same day staying the en banc review of its previous ruling. Dismissal of the appeal On March 6, 2017, President Trump issued Executive Order 13780, which revoked and replaced Executive Order 13769 (at issue