This ain’t that special. All the appelate court has allowed is an over long brief to be filed. That says NOTHING about how they will rule or what aguments they will find useful
Kind of like when a judge allows great leeway to some defendant acting as his own attorney. Doesn’t change the outcome
I wouldn't call it nothing special, in that the court easily could have followed with the same "mindset" as all the other courts, and simply denied their request. So, IMO, it's a "minor" victory for Kerchner because the could allowed them to file a much lengthier motion. Again, something the court didn't need to do with their 14,000 word rule in place.
However, your correct that what the court did was to allow them to submit their longer brief. From Mario's site (linked in the original post):
"Circuit Court of Appeals rules provide that an appellant’s opening brief is not to exceed 14,000 words. Because of the extraordinary nature and complexity of the question of whether putative President Barack Obama is an Article II “natural born Citizen” and therefore eligible to be President, whether my clients (the plaintiffs) have standing to bring an action against Obama and Congress in which they maintain that Obama is not a “natural born Citizen” and that Congress failed to meet its constitutional duty to protect my clients by assuring them that Obama is a “natural born Citizen,” and whether plaintiffs’ action presents a nonjusticiable political question which the courts cannot address, I was compelled to file a brief which contained 20,477 words. So that the Court would accept the overlength brief, I filed a motion with the Court for leave to file the overlength brief.
By order dated February 22, 2010, the Honorable Circuit Judge Michael A. Chagares on behalf of the Motion's Panel of the Third Circuit Court of Appeals granted plaintiffs’ motion for leave to file the overlength brief. This is great news because the case will now continue forward as scheduled. Obama’s and Congress’s opposition brief was initially due on February 22, 2010. The Department of Justice obtained a 14-day extension to file that brief, making the new due date March 8, 2010. After they file their opposition brief, I will then have 14 days within which to file a reply to that brief. All briefs will be posted at this blog and it is my hope that the public will read these briefs so as to stay fully informed on this issue that is critically important not only to my clients but also to our Constitutional Republic."
To the contrary, it probably telegraphs that the Court will dismiss the appeal upon receipt of the brief.
That's what trials, briefs and oral arguments are for. Nothing is preordained. But at least those briefs will be read, the arguments heard, and a judgment rendered.