nortex97 said:
will25u said:
4stringAg said:
So I am lost in all this talk. What happens next if they don't issue the writ?
Back to Judge Sullivans 3 ringed circus, to do just about whatever he pleases.
I think it is most likely that the majority is written by the chief judge (srinivasan). If so, I think it is likely he punts on most issues and remands the case to a different trial judge. None of the judges really want this, it's an obstacle to their SCOTUS hopes.
If another judge gets it, it's over in late September or early October.
Well, since he was the author of the
Fokker decision and is currently Chief Judge, he'd be the best one to write the opinion that would do the least violence to that decision. I was kind of surprised when he was questioning Sidney's legal analysis of what
Fokker did and didn't say. Seemed to me he was looking for an out, that is a distinction, where
Fokker was not controlling precedent.
So again, since he wrote it, he would be in a better position to make that distinction in denying the writ, if that's where the majority ends up deciding.
But another off-ramp such as you suggest might also garner enough votes to leave
Fokker mostly out of it and undisturbed.