I missed this while I was packing to go to Texas last week, but DC Circuit shot down IRS’ attempt to stay Judge Boasberg’s decision in Loving v. IRS on March 27 last.
If you missed the kerfuffle, see my blogposts “Chevron, Mayo – I’m Loving It”, 1/21/13, and “Modified Loving”, 2/4/13.
And best of all, see my blogpost “A Rant – Part Deux”, 4/3/13.
DC Circuit was unimpressed with IRS’ arguments that the RTRP program should go forward in its entirety.
The per cur reads like this: “ORDERED that the motion for stay be denied. Appellants have not satisfied the stringent requirements for a stay pending appeal. See Winter v. Natural Res. Def. Council, 555 U.S. 7, 129 S. Ct. 365, 374 (2008); D.C. Circuit Handbook of Practice and Internal Procedures 33 (2011).”
While this doesn’t mean, of course, that Sabrina and her pals have a slam-dunk winner, it is a sign that Doug’s and Dave’s legacy shines a wee bit less bright.
Stay tuned.