All in all, this opinion manages to reach merits unanimously,decide very little.Hard to see 5 votes (maybe not even 3)to overturn at #SCOTUS
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Replying to @rickhasen
OK 9th cir/
#appellatetwitter nerds: what about trying to go en banc in hopes of getting a conservative draw? (But if you've lost Clifton)13 replies 4 retweets 28 likes -
Replying to @rickhasen
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)3 replies 11 retweets 11 likes -
Replying to @rickhasen
#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)2 replies 10 retweets 18 likes -
Replying to @rickhasen
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)
1 reply 4 retweets 8 likes -
Replying to @rickhasen
Don't think that's the wise course, but sounds like that's what the President wants. But meanwhile (/4)
1 reply 3 retweets 8 likes -
Replying to @rickhasen
case will proceed in district court on the preliminary injunction hearing. There will be more evidence, a ruling, and new 9th appeal (/5)
2 replies 5 retweets 8 likes -
Replying to @rickhasen
based on that ruling, we could see another round of emergency stay requests from losing side. (/6)
1 reply 4 retweets 9 likes -
Replying to @rickhasen
under normal circumstances this could easily stretch more than a year. And so what's the alternative? (/7)
1 reply 7 retweets 15 likes -
Replying to @rickhasen
Trump admin could withdraw and rewrite the EO, solving some of the constitutional issues but given Pres's statements not all (/8)
2 replies 7 retweets 13 likes
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>
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