Mark Lemley, a professor at Stanford Law School, said that the court will likely grant the Justice Department’s motion filed on Tuesday because it had not already ruled. But he said that DOJ has an uphill battle ahead of them.

“They don’t have any plausible legal arguments, which is likely why the people tasked with writing the brief sought to abandon the appeal,” Lemley said. “Assuming the case proceeds, we should expect a strong opinion from the DC Circuit affirming all four district courts and striking down the executive order,” he said.