Not good for Trump: 3 Dem 9th Circuit judges will review Hawaii order on travel ban, Silverman McKeown & Hurwitz, per court web site.
what about idea put out by @briangoldman that this may go straight to a merits panel?
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good q. If I were Hawaii I'd want to keep the april motion panel. Dem appointed but not Reinhardt radioactive
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Probably too late; HI & DOJ have already jointly proposed expediting & consolidating stay & merits: https://orrick.box.com/s/z96go2sowhjy6bc51vl2hvpydv9s9gst ….
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My guess is this April motions panel will grant the motion to expedite & assign the case to an already-set May/June arg calendar.
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Somewhat like this case; motions panel expedited & then it was argued to different, regularly scheduled panel: http://cdn.ca9.uscourts.gov/datastore/general/2016/10/14/16-16698%20order.pdf …
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While I'm hazarding predictions about how CA9 will handle this, I'll go one further and guess it'll be heard week of 5/15 in SF:
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Here are the upcoming merits panels (from http://www.ca9.uscourts.gov/calendar/ ). With briefing complete in late April, May is the very earliest.pic.twitter.com/kIPJJ1gCpB
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Per the motion, one counsel or the other is unavailable the entire week of 5/8 (when the CA4 hearing will be), so that rules out those two.pic.twitter.com/n72xNcVHsY
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And between SF & Seattle, SF is the more likely location for an appeal from Hawaii anyway, per CA9 General Orders:pic.twitter.com/45TfUHiUWy
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