Issue: (1) Whether the court of appeals erred in holding that an Executive Order can and did excuse an agency’s failure to comply with the Administrative Procedure Act; and (2) whether the court of appeals erred in holding that a preliminary-injunction ruling is binding law of the case, contrary to this Court’s settled rule that “the findings of fact and conclusions of law made by a court granting a preliminary injunction are not binding at trial on the merits,” University of Texas v. Camenisch.
On Monday the Court issued orders from its December 6 Conference. (As Lyle reported the Court granted one new case from that Conference on Friday afternoon.) On Tuesday the Court issued one opinion and one dismissal. On Wednesday, the Court issued an additional opinion. This is the second week of the December sitting; the hearing list for this sitting is here.