Right now State of Washington v. Trump is, as I understand it, still a district-level case. Judge Robart issued a TRO against the order, and the DoJ appealed for a stay on the TRO. The district court has not yet gotten to the point of issuing a preliminary injunction.
So now that the 9th Circuit has denied the request for an emergency stay on the TRO, can they really take this to the Supreme Court just for the sake of an emergency stay?
Secondary question: say the answer is yes, and they do, and then the Supreme Court makes a decision. Doesn't it only affect the TRO? The district court can still go on to issue its final decision, and even if it's in line with SCOTUS as it must be, then surely the losing side can appeal that to the 9th circuit and then do we go back to SCOTUS a second time for the final ruling? Seems ridiculous.
How would this all work?