They're going to publish a bunch of crazy stuff between now and the release of the Rahimi, Loper Bright/ Relentless, and Cargill opinions. Hold onto your shorts, this is only the beginning.
A response to a petition for cert is due 30 days after it is placed on the docket.
En banc arguments are on 3/20/24.
So per the rules, MD will need to respond on or about the week of 3/11/24, right in the middle of their argument prep for all three cases.
The state will submit a 30 day...
Loper transcript
Relentless transcript
So this discussion from Relentless got me thinking:
In Cargill, at the cert stage, the government had to spend significant ink distinguishing between all of the different circuit cases and which did or did not use Chevron. At the merits stage, the...
I could see the court enjoying the 1-2 punch of the fishing cases and Cargill, saying excessive regulations beyond the intent of Congress are bad, and an agency sidestepping Congress's plain text is inconceivable.
Cargill has received an extension until 22 Jan for their response brief. So much...
The 9th conducts en banc by randomly selecting an 11 judge panel, because all 29 judges sitting en banc would be too unwieldy (but they do have the option in their rules to have all 29 judges sit en banc). The 4th is much smaller, so all judges participate. Trump managed to make the 9th much...
From the order, no additional briefing from the parties or amicus (with only jcutonilli being listed IIRC) is being scheduled before oral arguments. They're printing additional copies of previously-submitted briefs.
The serial number cases (Price) is also en banc with the same instruction of next available argument session. HQL is going to en banc argument in March.
Am I taking crazy pills? I thought Bianchi was already hijacked to en banc without ever having the panel opinion released and we were waiting for the en banc this entire time?