Today, the Sixth Circuit Court of Appeals issued a nationwide stay against implementation of the “Waters of the United States” rule. The case is so weird, in so many ways, that I don’t even think I can count them. Here are a few.
The Court stayed the case, even though, as the dissent pointed out, there is question whether it even has jurisdiction to hear the appeal. How can it issue a stay if it does not have jurisdiction? If the Court was so worried about the implications… More