2 things:
1. There will be an en banc appeal.
2. These cases were all consolidated in the 9th circuit, so the simple thing for the en banc panel to do is vacate the order and send this on to the 9th circuit.
No. These cases were consolidated in the 6th Circuit.
That’s who has the case now. The next step is SCOTUS.
The ETS ends in May anyway.
6th Circuit, not the 9th.
Wait—I thought the original ruling was in the 5th and =th consolidation was to the 6th.
When did the 9th Circus get invovlved?