I Strongly Suspect That The Biden Administration Will Oppose Gov. Abbott's Request For An "En Banc" Rehearing -- In His Loss, On The Floating Razor Wire Case...

The Fifth Circuit Clerk, pursuant to applicable local rules, just wrote this morning to ask about the federal government agencies' position, on a rehearing.

We are confident that the Fifth Circuit panel decided the case correctly, as we said last Friday. So we are confident the feds will say -- "no, let's get on with it: Abbott wants to get to the Supremes with this nonsense. We expect his coming cert. petition will be denied, by the Supremes. So let's skip any rehearing." That will be my bet, but here's the operative bit of this morning's letter, from the Clerk:

. . .This letter will serve to advise you that the court has requested a response [by the federal agencies] to the Appellants’ [State of Texas] Petition for rehearing en banc be filed in this office on or before December 15, 2023. . . .

Gov. Abbott and AG Paxton now know they are clutching at straws. This one is over, and they know it. Out, grinning into the holidays -- fast approaching. Onward.

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