So, everyone saying, "It's restating the states' evidence, then restating existing law," then what's the point? A message to DOJ or Robart?
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Because DOJ was saying it shouldn't be considered, and Robart seemed, at least somewhat, to be agreeing.
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FYI: Here's where I ended on this for now. Thanks for chatting, all. https://www.buzzfeed.com/chrisgeidner/appeals-court-ruling-to-come-today-in-justice-department-req?utm_term=.ycPRZvm49A#.ab1z54woOa …pic.twitter.com/V1hkokojzd
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It should be fixed when it re-cycles.
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10-4 | waiting to share with my nonlawyer FB peoples ("what does it mean, what does it mean, etc)
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agree with other replies here, it's reiterating states' arguments + applicable precedent
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like, i guess we could call it dicta, but why call it dicta when it exists in solid form outside this opinion?
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Contra: Mightn't Justice argue that plainly applying those three rulings to a national security EO ~IS~ expanding the law?
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otoh that section ends with "we reserve consideration of these claims until the merits of this appeal have been fully briefed"
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Yes. That's my whole point!
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Even if dicta, it could influence discovery on remand; it suggests states should be allowed to probe intent.
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Assuming you're right there?
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WHEW. Long day.
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Dicta isn't law of the case because it isn't law at all. But this will still carry great weight w/in CA9 for rest of the case.
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You gave the first answer to the question I posed, so you win the award for the day. ;-)
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Is there a prize? Maybe I'll start trying this with my law students...
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having a criminal law doctrine temporarily named after us is prize enough!
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dicta talks about questions on which the court wasn't specifically asked to rule
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Not quite. Dicta is anything not essential to the ruling.
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