That did not happen here.
On August 26, a federal court in Texas denied Minnesota’s application for a temporary restraining order in its extradition dispute with Texas Gov. Greg Abbott. The court did not decide the lawsuit’s final merits. Abbott had neither granted nor denied extradition. The dispute, the court said, was not yet ripe. (Court order)
Breitbart announced something larger:
“WINNING: Trump-Appointed Judge Rejects Dem Governor Tim Walz’s Lawsuit Demanding Governor Abbott Hand Over ‘Fugitive’ ICE Officer.”
The lead called the ruling a “stinging defeat.” The article’s body then supplied the smaller and more accurate version: Minnesota had been denied temporary relief because Abbott’s decision was still pending. (Breitbart)
Here is the machinery:
Minnesota requested immediate temporary relief.
Abbott had not decided the extradition request.
The court said the dispute was premature.
The temporary request was denied.
Here is the headline:
WINNING. LAWSUIT REJECTED.
The first version is civil procedure. The second is a scoreboard.
The court did not reach the remaining factors used to decide temporary relief. In a footnote, it also said Minnesota had not shown a substantial likelihood of success because the three-month consideration period remained open. That was an alternative finding about the temporary request. It was not a final judgment on the lawsuit. (Court order)
Another clock was running elsewhere. Cameron County Sheriff Manuel Trevino had asserted a 90-day custody rule before the ruling. The Associated Press later reported that ICE officer Christian J. Castro was released under that rule. This was separate from the court’s ripeness decision. (Trevino response; Associated Press)
The Associated Press also reported that Minnesota’s attorney general intended to continue litigating. This established an intention. It did not establish who would eventually prevail.
A temporary request was denied. The underlying claims remained pending. Abbott’s extradition decision remained pending.
That is less exciting than victory.
The law is inconsiderate that way.