I'm sorry to inject a rational question into this you-said-no-you-said bullshit
I did not think a stay was automatic if a Law is overturned. I thought the defending .gov goon had to request a stay, and justify the continued infringement, for a judge to put one into effect.
In this case, however, the stay was already imposed by the lower court, hence being "automatic", and a request to lift the stay would have to be argued.
The fact that the decision is stayed at the moment is pretty much automatic; if you lose an appeal and you have a higher court to appeal to, you almost always immediately file leave to appeal to that court, which means the lower court (here the 3 judge 9th cir. panel) has to stay the decision.
I did not think a stay was automatic if a Law is overturned. I thought the defending .gov goon had to request a stay, and justify the continued infringement, for a judge to put one into effect.
In this case, however, the stay was already imposed by the lower court, hence being "automatic", and a request to lift the stay would have to be argued.