IN OTHER NEWS ... something I'm noticing about the ban EO litigation ...
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Q: why request that the en banc request be postponed if they're that burnt about the existing order?
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Because they couldn't get it vacated now. They're hoping they could once a new one is issued.
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sorry if I'm not following- because unlikely to be successful at en banc, or at SCOTUS? Or are you implying another reason?
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why couldn't they get it vacated at en banc? B/c new order moots issue? Or because unlikely to succeed on merits of PI appeal?
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They'd have to win an en banc vote for rehearing first, then hold briefing and maybe arguments, then win a stay ruling. Not likely.
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On several fronts.
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They, apparently, came to the same conclusion and decided getting it vacated because of a new exec order is their best next move.
End of conversation
New conversation -
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Not sure the 9th panel will be particularly inclined to vacate.
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Oh, I don't either. I think they think it's their best bet.
End of conversation
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Good eye and good read, Chris.
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