One possibility for today is 9th Circuit holds that government's EO appeal is procedurally deficient: TRO not appealable (/1)
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Replying to @rickhasen
That would allow 9th Circuit to put issue off until ruling on preliminary injunction order, which is briefing now in district court (/2)
3 replies 7 retweets 9 likes -
Replying to @rickhasen
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 -
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Replying to @FedcourtJunkie
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@FedcourtJunkie I think they can seek en banc review. I don't see what either side would gain by that.2 replies 0 retweets 0 likes -
Replying to @rickhasen
if Washington state loses, wouldn't they want to get it changed before it hits an 8 member scotus?
1 reply 0 retweets 1 like
Plausible. I guess I'm assuming WA doesn't lose
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