Ennie Meenie Chillie Beanee the spirits are about to speak!
On 8/14/2020 12:32 PM, Dr Spinetwist wrote:Looks like the 9th circuit is now more conservative than the 10th. It didn't work out so well for Colorado as I recall...
This decision will be appealed to an "en banc" hearing involving about half of the 9th circus' 27 (I think) judges, and will then be appealed to the supreme court which will refuse to hear it. If we're lucky, the en-banc group will uphold the 3-judge ruling. This will create a conflict between the circuits which the Supremes will ignore as well. The 10th circuit heard a similar case here in CO and found for the government.
En Banc implies that the entirety of the court will review the case. In reality I seem to remember that only 10-15 judges actually do the dirty work, and they are selected randomly as well so this could go either way. In the happy case that we win there, the ruling will only affect the left coast, and may well be widely ignored by local DA's who have discovered that there is little consequence to ignoring higher federal courts.
SCOTUS is supposed to resolve conflicts between the circuits, but has shown no great enthusiasm for going there of late.