I am working to confirm.
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I'm aware.
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CA9 ruled they would treat the TRO as an appealable PI. Is there a procedure for returning jurisdiction to the DC?
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Yeah, CA9 has asserted jurisdiction over this case; don't see how district court can also have jurisdiction.
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Yes, I am aware of the 9th Circuit order setting a briefing schedule - https://assets.documentcloud.org/documents/3458882/9th-Cir-2nd-order.pdf … - but ...
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... there also was this order today from Judge Robart: https://assets.documentcloud.org/documents/3458879/2-10-17-WDWA-Order.pdf …
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Here's what President Trump ~actually~ said about the possibility of a ~new~ EO, per pool:pic.twitter.com/0p5Lge8s0c
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"it takes time statutorily"
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"in honor of the [Ninth Circuit] decision"
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BREAKING: 9th Circuit will be voting on whether to reconsider the 3-judge panel decision en banc.pic.twitter.com/ruXjU6PFXj
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This means that the entire appeals court will be voting on whether to reconsider Thursday night's decision. Briefs due by 11a PT Feb. 16.
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tl;dr: This slows everything down a bit.
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That's not how I took it. I took "defend on the merits" to mean district court. But may be moot if 9th reverses en banc
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There could be a defense on the merits at the 9th; see briefing schedule.
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yes, but the order for briefs on possible en banc review came after initial WH decision. But yes, there could.
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No, last night, after the decision, there was an order from the 9th Circuit setting a briefing schedule for the appeal.
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The en banc review could alter that, of course, but it certainly was questionable to think they'd be at Dist Ct now.
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