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Big News of Out Utah

What's normally required to get such a stay is to show a likelihood of winning on appeal and a showing of "irreparable injury" from the ruling. So on its face the 10th Circuit's denial would seem to suggest that the judges do not think the State of Utah is likely to prevail. But that is actually not clear. In their decision they note that the state did not even address these issues. So they are free to refile their petition and address those arguments.

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Josh Marshall is editor and publisher of TalkingPointsMemo.com.