So says a divided Ninth Circuit panel. Note, however, that the Court did not reject it on the simple "TRO's are not appealable" grounds. Instead, the issue was whether the district court's inaction (he ordered briefing and argument for about five days later) rose to the level of a constructive denial of an injunction.
A prof at another school argues this opinion--regardless of the outcome--reflects the fraying of the long-standing proposition that TROs are not appealable, at least when this Administration seeks review. He links that fraying with SCOTUS's increased use of the Shadow/Interim/Emergency/Voldemort Docket.
