Hard to see this surviving an en banc DC Circuit review, even tho challengers drew favorable all GOP-appointed panelhttps://twitter.com/ryangrim/status/718562145814913024 …
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@ryangrim Yes, but presumably the gov't would want en banc review so that if SCOTUS split they'd have a win below upheld rather than a loss -
@jonathanhsinger is it up to them? Scotus could snatch it -
@ryangrim Don't think SCOTUS would take a case where the losing party hasn't sought cert, particularly where party sought en banc review (1) -
@ryangrim but checking (2)
End of conversation
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