That briefingi in the district court now set to conclude on 2/17, and we can expect a ruling not too long after that (/3)
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Replying to @rickhasen
Pretty good bet that district court will issue a preliminary injunction like the TRO, but offering substantive reasons for decision (/4)
3 replies 5 retweets 6 likes -
Replying to @rickhasen
That preliminary injunction order could be appealed to motions panel (might not be same one?---need to check w 9th Circuit gurus) (/5)
3 replies 3 retweets 5 likes -
Replying to @rickhasen
Whoever loses today faces the question of seeking to go to
#SCOTUS now or to wait for preliminary inj. process to go through (/6)2 replies 3 retweets 5 likes -
Replying to @rickhasen
Appealing to SCOTUS means fighting a technical battle on whether order is appealable before fighting merits (/7)
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Replying to @rickhasen
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)
1 reply 5 retweets 3 likes -
Replying to @rickhasen
The other complication of course is that SCOTUS is divided 4-4 conservatives/liberals. Technical issue can give basis for ct. to duck (/9)
3 replies 3 retweets 4 likes -
Replying to @rickhasen
On the other hand, given disruption, national interest, and knowledge that case is coming back, maybe the Ct. would reach merits now (/10)
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Replying to @rickhasen
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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Replying to @rickhasen
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)
1 reply 1 retweet 1 like
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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Replying to @rickhasen
Prediction in plain English: if gov't loses on technicality, it likely goes to
#SCOTUS, where there will be great pressure to rule same way3 replies 6 retweets 9 likes - 1 more reply
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