The D.C. Circuit today denied DOJ’s motion for summary affirmance in Partington v. Houck.  In this order, the court ruled that “[t]he merits of the parties’ positions are not so clear as to warrant summary action” and ordered that the case be scheduled for oral argument.  In the same order, the court also denied the plaintiff’s motion to, in essence, receive a preliminary injunction ordering the relief he seeks pending the decision on appeal.

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