Posted
11:59 AM
by Robert
Davis Descending XLII: The Ninth Circuit Does Its Very Predictable And Improper Thing
To
nobody's real
surprise, the
Ninth Circuit has issued a stay of the October recall. Here's the
66 pages of make-weight arguments that comprise the opinion.
The real questions:
Will a single Justice of the Supreme Court promptly stay the Ninth Circuit's order?
Will the Supreme Court issue a summary reversal?
Will the Ninth Circuit as a whole (in banc) stay or reverse the order?
It's all just vulgar Ninth Circuit hi-jinks. There's no real question that the stay is improper.