Oral argument is scheduled on March 20, 2024, to consider the Appellants’ Motion to Stay Preliminary Injunction Pending Appeal. A majority of the panel has concluded that the administrative stay entered by a motions panel on March 2, 2024, should be lifted. Accordingly,
IT IS ORDERED that the administrative stay of this appeal previously entered by a motions panel on March 2, 2024, is DISSOLVED.
A preliminary injunction is an extraordinary remedy that alters the status quo. See Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 24, 129 S.Ct. 365, 172 L.Ed.2d 249 (2008); Nken v. Holder, 556 U.S. 418, 429, 129 S.Ct. 1749, 173 L.Ed.2d 550 (2009). A stay preserves the status quo while an appellate court reviews the lawfulness of that alteration. Nken, 556 U.S. at 429, 129 S.Ct. 1749. Earlier today, the Supreme Court of the United States restored an administrative stay so our panel could review the States request for emergency relief under Federal Rule of Appellate Procedure 8. See United States v. Texas, No. 23A814, ––– U.S. ––––, ––– S.Ct. ––––, ––– L.Ed.2d ––––, 2024 WL 1163923 (U.S. Mar. 19, 2024) (Mem.). I would leave that stay in place pending tomorrows oral argument on the question.
PER CURIAM: