Justice Alito also takes a hack at Judge Amir Ali, the Biden nominee -- one of his last, confirmed by a 50-49 vote in November of 2024 -- responsible for imposing the challenged purported temporary restraining order.

The most that can be said is that in the District Court’s denial of the Government’s motion for a stay pending appeal, it cited but did not analyze a handful of cases echoing Bowen’s discussion of the APA’s conscribed waiver of sovereign immunity. One might expect more care from a federal court before it so blithely discards “sovereign dignity.”