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1 1 (2021)

handle is hein.preview/supogfss0001 and id is 1 raw text is: No. 20-366 In the 6upreine Court of tje uiteb *tateo DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, ET AL., Appellants, V. STATE OF NEW YORK, ET AL., Appellees. ON APPEAL FROM THE UNITES STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK APPELLEES' NOTICE OF SUPPLEMENTAL AUTHORITY Earlier today, the three-judge district court in this case denied Appellees' motion for a stay pending appeal, finding that their arguments about ... urgency are frivolous, and that Appellants are estopped from making any such argument. New York v. Trump, No. 20-CV-5770 (RCW) (PWH) (JMF), Opinion and Order, ECF No. 180, at 14, 5 (S.D.N.Y. Sept. 29, 2020). Specifically, the Court found that: Even if Defendants could not obtain appellate relief by the statutory deadline for the Section 141(b) report, their own prior representations and arguments make plain that they would not face any harm, let alone irreparable harm, absent a stay. Defendants have repeatedly maintained (in service of their arguments that resolution of these cases was not urgent and that Plaintiffs could not show apportionment- based irreparable harm) that an erroneous or invalid apportionment number can be remedied after the fact. ECF No. 118 (Defs.' Original Mem.), at 48 (emphasis added) ... That position is surely correct, .. . and, regardless, is binding on Defendants here, see, e.g., New Hampshire v. Maine, 532 U.S. 742, 749 (2001) (Where a party assumes a certain position in a legal proceeding, and succeeds in

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