The DOJ has filed a response to the emergency motion filed by Leandra English with the U.S. Court of Appeals for the D. C. Circuit requesting expedited briefing and oral argument in her appeal from the district court’s denial of her preliminary injunction motion.

In her motion, Ms. English argued that even without the “special circumstances” presented by her case, her appeal is entitled to expedited consideration under federal law (28 U.S.C. section 1657(a)) and D.C. Circuit rules.  While agreeing that the authorities cited by Ms. English provide for expedited consideration of her appeal and stating that it has no objection to the Court scheduling oral argument “as expeditiously as possible,” the DOJ asserts in its response that “expedited consideration does not require an abbreviated briefing schedule.”

Under the briefing schedule proposed by Ms. English in her motion, the DOJ would have 14 days to respond to her opening appellate brief.  The DOJ opposes her proposed schedule, arguing that it should be allowed the normal 30-day period to respond to her opening brief.

It further argues that even if there is reason to shorten the DOJ’s briefing time, it should not have less than 20 days because Ms. English proposes that she be given 20 days [after the district court issued its decision] to file her opening brief.  (The district court issued its decision denying Ms. English’s preliminary injunction motion on January 10.  Under her proposed briefing schedule, she would be required to file her opening brief by January 30.)