One possibility for today is 9th Circuit holds that government's EO appeal is procedurally deficient: TRO not appealable (/1)
-
Still, w such a high profile national case and with tremendous disruption if we go on-again-off-again with EO, I expect SCOTUS try now (/8)
The other complication of course is that SCOTUS is divided 4-4 conservatives/liberals. Technical issue can give basis for ct. to duck (/9)
-
-
On the other hand, given disruption, national interest, and knowledge that case is coming back, maybe the Ct. would reach merits now (/10)
-
And it puts SCOTUS in the hot seat with a president maligning judiciary and the Court's deciding member preparing for confirmation. (/11)
-
That's not the ideal place for the Court to be, and whatever institutional pressure the Chief can bring for consensus would be brought (/12)
-
Normal times might counsel against appealing TRO further, waiting for fuller record on preliminary injunction. But not normal times (13/13)
-
Prediction in plain English: if gov't loses on technicality, it likely goes to
#SCOTUS, where there will be great pressure to rule same way - 1 more reply
New conversation -
-
-
Is it so clear they'd be divided 4-4? If they take an informal vote and it's not, why wait for Gorsuch?
Thanks. Twitter will use this to make your timeline better. UndoUndo
-
-
-
Kennedy is not a conservative. He swings with the wind.
Thanks. Twitter will use this to make your timeline better. UndoUndo
-
Loading seems to be taking a while.
Twitter may be over capacity or experiencing a momentary hiccup. Try again or visit Twitter Status for more information.