This would mean the appeal on the merits would continue at the 9th Circuit (or, ~possibly~ still be before Robart).https://twitter.com/CNBCnow/status/830174089767690243 …
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.
Thanks. Twitter will use this to make your timeline better. UndoUndo
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Oh, you mean, if DOJ wants to appeal to 9th for en banc review. Yes. But that didn't seem like a likely path, given the 9th
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No. Not en banc review. Look at the last graf of docket no. 135 in the Ninth Circuit. It sets a briefing schedule for appeal.
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Gotcha. Yes. I still think Trump wants to be before the 9th as little as possible.
End of conversation
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