"Merits" just means that they're going to defend the case "on the merits"https://twitter.com/CNBCnow/status/830174089767690243 …
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This procedural stance is making my eye twitch. It's like seeing a cafe table that's misaligned with the wall.
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WHAT THE FUCK IS THIS CASEhttps://twitter.com/joe_palazzolo/status/830188347918266368 …
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(sua sponte request en banc—the court calling for en banc on its own—is very rare)
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En banc in the 9th Circuit means that instead of a 3 judge panel, you get an 11 judge panel that supersedes the first panel's decision
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If it goes en banc, then instead of continuing on in the district court, the 3 judge panel decision gets set aside. 11 judge panel decides.
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and then, uh, we see what happens next, since this shitshow has very low predictability
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is Robart asking if maybe they can all just collectively pretend it was a PI and proceed from there?
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i think that's literally what they're asking
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I mean, on the one hand, we have a pretty good idea of how an appealed PI would shake out. But uhhhhhhh
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this is kind of one of those things where i'm going to wait for more experienced litigators to show up in my @ replies but also
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i think the judge's reaction is indicative that we're confused for good reason
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part of my confusion is the circuit's ruling indicates on page 6 that district court intends to consider a motion for PI
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but this ruling was before the Ninth Circuit dance this week, right? Maybe they decided that was PI enough
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it's in the ruling on the stay motion, where they rule they can review it as a PI, since TRO not...pic.twitter.com/ZNo8LBsEyX
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I think WA is saying " we won! What now?" and Court is saying " you guys tell me." Stay tuned . . .
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