Read my #58 please. I’d like to get some feed back on that thought from people more knowledgeable in the law.
Also, does the administration have to submit the briefs requested by the 9th judge re an en banc hearing or can they ignore the request and go back to the circuit court?
I’m no lawyer, but I don’t believe the Administration has to submit a brief to the 9th — especially if they don’t care for the 9th to hear it en banc. As far as wanting to litigate it back in the district with Robart, I don’t see why they would. Robart has shown that he is not a judge who makes decisions based on the law and the Constitution. His decision was purely political with no reference to the law. Also, all the good arguments I’ve read that cited precedent re standing state that neither Wash or Min had standing to bring the suit since they were not the aggrieved parties, yet Robat granted them standing. There is no reason to believe this leftist judge would all of the sudden “see the light” and it would just be more wasted time as migrants flood our country.