the united states department of justice civil division (usdoj) filed a motion to dismiss on october 23, using the same arguments as previously filed in "jane doe v. trump" and "stone v. trump", which called the challenge "premature several times over" because "plaintiffs are suffering no injury during the interim period" while secretary mattis's interim guidance of september 2017 was in effect during the six-month study period before submitting a recommendation for a final policy. the government also argued that plaintiffs "may never be injured by the policy finally adopted".