[U] Well — The Supremes Just Made Wednesday’s Ninth Circuit Oral Argument More “Interesting”...

I’m on a train at the moment, but the Supremes have just decided to stay the trial courts’ orders on Ban 3.0.

‘Tis a brief, and opaque pair of orders — a pair that mean nothing on the merits.

But this will counsel for quick decisions in the Ninth and Fourth Circuits, on the merits — after this week’s oral arguments. The Supremes said as much, too.

. . .The application for a stay presented to Justice Kennedy and by him referred to the Court is granted, and the District Court’s October 20, 2017 order granting a preliminary injunction is stayed pending disposition of the Government’s appeal in the United States Court of Appeals for the Ninth Circuit and disposition of the Government’s petition for a writ of certiorari, if such writ is sought. If a writ of certiorari is sought and the Court denies the petition, this order shall terminate automatically. If the Court grants the petition for a writ of certiorari, this order shall terminate when the Court enters its judgment.

In light of its decision to consider the case on an expedited basis, we expect that the Court of Appeals will render its decision with appropriate dispatch.

Justice Ginsburg and Justice Sotomayor would deny the application. . . .

Update: The Supremes (completely separately) have also asked the US Solicitor General’s Office to weigh in on Merck’s pending Fosamax^® MDL cert. petition, thus: "17-290 MERCK SHARP & DOHME CORP. V. ALBRECHT, DORIS, ET AL. The Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Alito took no part in the consideration or decision of this petition. . . ." That’s actually bigger news than the above. It means Merck may be on the road to overturning the order reinstating these cases at the Court of Appeals. Busy day in chambers, it seems!

I’ll have more — when I’m off the trains. . . . Smile.

नमस्ते