In this case, the 9th Circuit did not consider the judge's off-the-record statements made during arguments.
Here's example of considering judge's off the record statement, in emergency 9th Cir. case that made it to #SCOTUS http://electionlawblog.org/?p=84619 https://twitter.com/JoshMBlackman/status/828316667180699648 …
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@JoshMBlackman my point is that the judges consider all kinds of stuff that may not be acknowledged in order or record -
I have never seen a court affirm a lower-court opinion based on something judge stated during args but that's not in opinion.
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I understand. I also expect the will be something in writing before 9th Circuit rules
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That timing is unfair. Would SG have opportunity to respond to written opinion before CA9 rules? There is a moving target
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