[BrerLion]

ignorant in legalese, even the simplest

Me too! Please?

[hoosiermama]

10.6 Summary Action. The court, sua sponte or upon motion by a party, may take summary action affirming, reversing, vacating, modifying, setting aside, or remanding the judgment, decree, or order appealed from; dismissing an appeal; granting ordenying a petition for review; or granting or refusing enforcement of the order of an administrative agency if it clearly appears that no substantial question is presented or that subsequent precedent or a change in circumstances warrants such action.

Before taking summary action, the court will afford the parties an opportunity to submit argument in support of or in opposition to such disposition if briefs on the merits have not already been filed.

Summary action may be taken only by unanimous vote of the panel. If a motion panel determines that summary action is not appropriate at that time, it may, in lieu of denial, refer the matter to the merits panel without decision and without prejudice.

[hoosiermama]

This is a motion for summary Affirmance. and has been

refer the matter to the merits panel without decision and without prejudice.

Does this help you understand what is happening?

[hoosiermama]

It's sort of like a game:

First the plaintiff (that's us) presents their arguments.

Then the defendants respond. (so far the only defendants I've seen respond are the FEC.....Obama et al didn't chose to respond earlier, and I'm wondering what's up. There is one point that if the defendant doesn't respond then the court assumes that they are in agreement with the plaintiffs.

Then the plaintiff respond to the defendants response.

Then the court decides.

Right now they are doing this with paper before the case is presented in oral argument. The purpose of doing this on paper is to determine if the case qualifies to actually go before the court.

If the court decides all the criteria is met and there is no decision based on the paper work, then the sequence will be repeated orally using the same game plan.