9th Circuit asked for en banc briefs by Thursday. Could DOJ even go to #scotus before at least telling 9th it doesn't want EB?
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@FedcourtJunkie I don't believe there is anything procedurally that would stop DOJ from going to#SCOTUS now -
I can't think of anything either. But at this point would seem tactically dubious. not that that ever stops Trump
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We should get ~an idea~ by noon PT/3p ET.https://twitter.com/chrisgeidner/status/830925434518962176 …
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