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
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@ryangrim As I suspected, Ps could try for cert before Feds moved for en banc. But very unlikely SCOTUS would take before en banc ct rules. -
@jonathanhsinger what was the recent case they grabbed before the en banc review could overturn it? -
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@ryangrim Immigration case? But there I think feds moved for SCOTUS review in a cir w R appointee majority where en banc wouldn'tve helped. -
@ryangrim here's a bit on the maneuvering there from@dmataconis http://www.outsidethebeltway.com/obama-administration-appeals-fifth-circuit-immigration-ruling-to-supreme-court/ …
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