JUST IN: DOJ plans to skip the 9th Circuit and go straight to #SCOTUS on the DACA case.pic.twitter.com/nQB6oPXLXl
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The problem with making a generalized request is that it would be easy for the court to just push it back to the 9th Circuit, telling DOJ the justices want further development of the issues before they take it on.
Obviously, the other side, taking direct aim at the 9th Circuit would be highly unusual — and not something that I see the Chief Justice or Kennedy (at the least) appreciating.
"We know CA9 will screw us, see, e.g., travel ban cases, therefore cert. before judgment"? Good luck.
Whichever is the most stupid is the one that will be chosen.
Nothing matters anymore. Republicans, you are out of order!
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