.@steve_vladeck Also, note the unanimity of the panel despite ideological differences. Another object lesson for #SCOTUS
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So what happens next in EO case? Trump admin will either petition entire 9th Cir. (en banc) or
#SCOTUS to reverse today's ruling (/1)
#AppellateTwitter seems to lean #SCOTUS. That would likely not be to get a win but to hope for a 4-4 split. More likely is 6-2 (/2)
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That's not how it might come out when case is fully done but in this procedural posture. Maybe you get J. Alito or Thomas to dissent (/3)
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Don't think that's the wise course, but sounds like that's what the President wants. But meanwhile (/4)
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case will proceed in district court on the preliminary injunction hearing. There will be more evidence, a ruling, and new 9th appeal (/5)
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based on that ruling, we could see another round of emergency stay requests from losing side. (/6)
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under normal circumstances this could easily stretch more than a year. And so what's the alternative? (/7)
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Trump admin could withdraw and rewrite the EO, solving some of the constitutional issues but given Pres's statements not all (/8)
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A new EO could be subject to new challenge starting all this over. But if it is drafted more carefully, better chance of being upheld <end>
End of conversation
New conversation -
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why not go back to dist. ct. and rewrite EO?
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