[aristeides]

I think that, to issue an order like this, especially on an expedited basis, the 9th Circuit panel would have had to determine that the Indians were likely to win the case on the merits, once they decide it. Time for Bush to make a bunch of new appointments to the 9th Circuit (by recess appointment, if necessary) so that they will be in place by the time the whole 9th Circuit votes on whether to rehear the case en banc after the panel that made this decision decides the appeal.

[FreeTheHostages]

You could be right, but I'd note that that's one of the places where I litigate and they very routinely just grant stays. One-judge ruling in the first instance, according to their internal practices. So this could mean something . . . or not.

But as to the need for the 9th Circuit to "get a grip" and get some new Bush appointees, count me among your supporters for that cause.