Twitter | Search | |
bmaz Jun 24
See a LOT of people saying this. Emmet Sullivan was the target and real party in interest in the insane mandamus petition. If he had standing to fight at the panel level why would he not to request en banc?
Reply Retweet Like
Alex Little
Sua sponte en banc calls happen regularly in the 9th Cir. And they’re important: the other judges don’t want a batshit panel to mess up the Circuit’s case law. This case is going en banc. Period.
Reply Retweet Like More
bmaz Jun 24
Replying to @AlexLittleTN
I am, um, familiar. They are not a feature in DC. In fact, until just a few years ago, there pretty much no en bancs of any kind in DC. The current CJ may be motivated on this though. Just saying I think Sullivan has clear standing.
Reply Retweet Like
Alex Little Jun 24
Replying to @bmaz
I agree he has standing. But I’d be shocked if the judges don’t do it themselves. This decision so badly skews mandamus, it’d be terrible for the Circuit.
Reply Retweet Like
Alex Little Jun 24
Replying to @bmaz
I agree. And there’s no way they can get 6 votes to keep it.
Reply Retweet Like
bmaz Jun 24
Replying to @AlexLittleTN
I'd like to add in the somewhat related thought that where would DC Circuit be if Obama had not have busted filibuster to get his appointees on. Has helped Trump too, obviously, but the CJ is Sri.
Reply Retweet Like
Armando Jun 24
Replying to @AlexLittleTN @bmaz
Judge Wilkins would be the best for this.
Reply Retweet Like
bmaz Jun 24
I am not sure Sri Srinivasan is not going to be a little perturbed as well. CJ's care about their circuit looking stupid.
Reply Retweet Like