Tuesday, July 25, 2017

Ninth Circuit Orders First Of 45's Briefs Due This Thursday -- No Oral Argument: Ban 2.0 Death-Spiral

The Ninth Circuit has granted the joint motion mentioned here late on Friday.

It remains highly likely that nothing of substance will change on Muslim Ban 2.0 -- until after October 10, 2017 -- and oral arguments, in the US Supreme Court (as I've said, I continue to be confident that 45's position will fail to pass muster, 6-3, in that court). Here is the overnight order, for the record:

. . . .The Government's motion to stay pending appeal, Dkt. No. 3, is denied as moot. The briefing schedule entered at Dkt. No. 2 is vacated. The parties' joint motion to expedite the briefing and consideration of the merits of this appeal, Dkt. No. 6, is granted.

The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due July 27, 2017; the answering brief and supplemental excerpts of record (if any) are due August 3, 2017; and the reply brief is due August 9, 2017. Any amicus briefs are due August 3, 2017. Oral argument is presently not scheduled, but if the panel later concludes that oral argument is necessary, argument will be scheduled by the panel as soon as practicable after briefing concludes. . . .

Now you know. Onward. Closing the primitive in chief out, cold. . . for the first time, on this luminous but clear dawn -- I tweeted direct replies to 45's official "RealDonaldTrump" account, so if the blog falls silent -- it is because I am in the custody of the Secret Service, or Homeland Security. Smile. I think. . . .


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