[U] The Trump DACA Defendants In Northern California May Seek USSCt Review Of Thursday's Order...

UPDATED: Monday Morning -- I should have mentioned late last night how unusual the ending of the below order, in blue is. I laughed out loud when I read it (but then promptly forgot to mention it!), for you see, it takes the extraordinary step of pointing the US Solicitor General. . . to the existing law (for it seems he is unaware of it). In the case the court mentions by name -- the Ellis case, the appellate court held that a stay of a denial of mandamus is properly to be addressed in the court in which it was entered, or the trial court -- in this case. Or, as the court points out -- by application for a writ of cert., to the Supremes, directly. Hilarious. The Ninth Circuit is teaching what amounts to rudimentary, basic federal procedural law to Trump's Solicitor General (which tells you something about the calibre of his Administration). These are fascinating -- if sort of sad -- times. [End, updated portion.]

Should Trump's lawyers do so, it will likely be a vain act. Here is our coverage -- from Friday, of last Thursday's order.

The standard of review at the Supremes would be "was the District Court's order (asking for production of more than 14 documents -- 11 of them published court opinions -- to explain a major change in policy) clearly erroneous?"

Unless it was clearly erroneous, the Supremes will let the Ninth Circuit order stand, and the trial level court in San Francisco will order Trump to provide documents from the dozens of other officials who -- in press interviews -- indicated that they too had a role in making these decisions -- including Trump himself. He personally turned over zero documents, yet he took credit for making the change. We must hold people in power to the standards of the law as it exists -- otherwise we are. . . Russia.

Here is the Saturday afternoon order -- with briefs due by Monday afternoon, Eastern time.

. . . .The court has received the government’s November 17, 2017 emergency stay motion. The response to the motion is due Monday, November 20, 2017, at 12:00 p.m. PST, and the optional reply is due Monday, November 20, 2017, at 5:00 p.m. PST. . . .

In addition to all other issues the parties wish to raise in the response and reply, the parties shall address whether this court has jurisdiction to grant a stay of proceedings, or whether the motion for a stay should instead be filed in the district court. See Ellis v. U.S. Dist. Court, 360 F.3d 1022 (9th Cir. 2004) (en banc). . . .

Now you know. I hope the new week brings. . . a newly joyful "magic carpet ride's" attitude -- to all those who travel in good will, toward this holiday of gratitude. Smile.

नमस्ते