The appellate Court has advised that it will schedule oral
argument as soon as possible after briefs are submitted.
The successful (for the moment) plaintiffs are not at all cowed
by this development. The Nevada Solicitor has stated that
"the Fifth Circuit's willingness to expedite oral argument
shows that it recognizes the national importance of this
issue. As we did in the district court, the states look
forward to presenting how this new overtime rule is unlawful and
presents a sweeping departure from over 75 years of past
practice."
The twenty-one States that had brought the suit opposed the
fast-tracking of the appeal. They asserted that such an
expedited proceeding could conflict with the lower court's
ruling on their motion arguing for final judgment invalidating the
DOL rule. These plaintiffs also argued that if the lower
court issued a new decision, that action would then moot the
preliminary injunction and the Fifth Circuit would not have needed
to
