Someone on the 9th Circuit realized that making a decision on an executive order without actually referring to the executive order itself was the surest way to having it overturned unanimously by the Supreme Court and giving even more impetus to having the 9th Circuit broken up.
They may be liberal legislators in judicial robes, but the 9th Circuit is not completely stupid.
Or the legislative act of the congress that authorized the executive order.
Is this a trap? Might be.
Am I wrong to assume that if the full 9th hears the case on merits AND Trump wins, the State of Washington could then appeal to the USSC where we assume it would be 4-4 but perhaps not?
I am concerned about the timing of this action so immediately following the decision.
I am wondering, are there those on the court that wants it off the 9ths docket and on to the Supreme Court while there are only 8 sitting Justices?