One possibility for today is 9th Circuit holds that government's EO appeal is procedurally deficient: TRO not appealable (/1)
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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)
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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)
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Normal times might counsel against appealing TRO further, waiting for fuller record on preliminary injunction. But not normal times (13/13)
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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
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