A Liberal Appeals Court Just Sided With Trump on American History and Dems Have Only Themselves To Blame

The Trump administration appealed immediately and sought a stay of Kelley’s order. And then something remarkable happened: the First Circuit granted it.

Now, to be clear about what this ruling is and isn’t. The appellate court hasn’t weighed in on the merits of the underlying case. What they found was that the plaintiffs failed to demonstrate that they themselves had suffered irreparable harm — a basic legal requirement for a preliminary injunction. The organizations suing the administration could only point to alleged harms suffered by their members, and even then, only one member’s specific grievances made it into their declarations. That’s not irreparable harm. That’s a legal theory in search of a plaintiff.

The practical result is straightforward: Secretary Burgum’s order stands. The Department of the Interior does not have to restore a single removed display while the appeal proceeds. NPS personnel who would have spent America’s 250th birthday frantically reinstalling contested materials can instead focus on welcoming the millions of Americans who showed up this weekend to celebrate their country.