[fireman15]

I am sure that you are trying to make a valid point, however this was a public hearing, there was a court reporter, witnesses, attorneys, and a judge. This was recorded... so by definition it is most definitely “in the record”. A ruling will be made by the judge. When it is “appealed” everything that was recorded today will have to be considered by the judge, or panel of judges who make a further decision. Of course they may choose to disregard everything that was presented today, but all of the “evidence presented” is still in the record and he, she or they are suppose to address what was presented today in some fashion.

I hate to quibble over small points. This sounds like a Clintonean debate on the meaning of the word “is”. On appeal judges have a long history of ruling however they want and making judgments that are often based on “evidence” never presented in trial. So it is certainly not over, but to me it looks like the impenetrable fortress built by Obama's team of lawyers is showing a few cracks.

[GregNH]

There will be no appeal. An executive decision is not subject to judicial review. The administrative “court” is an executive function not a judicial function. The SoS’s affirmation of the administrations initial decision is an executive decision. This is not a judicial matter.