Judge blocks California magazine ban

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  • esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    What are the chances of his going en back and reversed as the 9th likes to do?

    You mean going en banc? That's hard to predict, but the procedural posture of the case argues against it. First, the opinion was non-precedent. Less reason to care. Two, it was at the PI stage so all that means is that the case goes back to the district court for further proceedings. All the court held was that the district did not abuse its discretion in entering a PI. That's still very important, as the rule is well established that an error of law is always an abuse of discretion and the court here held, at least implicitly, that the district court did not make an error of law. Cal. could, technically, still win on remand. If Cal. loses in district court in a final judgment, they can still take another appeal from the final judgment. The opinion of the court of appeals panel could then be revisited in light of any additional evidence adduced during the remand.
     

    Rab1515

    Ultimate Member
    Patriot Picket
    Apr 29, 2014
    2,081
    Calvert
    You mean going en banc? That's hard to predict, but the procedural posture of the case argues against it. First, the opinion was non-precedent. Less reason to care. Two, it was at the PI stage so all that means is that the case goes back to the district court for further proceedings. All the court held was that the district did not abuse its discretion in entering a PI. That's still very important, as the rule is well established that an error of law is always an abuse of discretion and the court here held, at least implicitly, that the district court did not make an error of law. Cal. could, technically, still win on remand. If Cal. loses in district court in a final judgment, they can still take another appeal from the final judgment. The opinion of the court of appeals panel could then be revisited in light of any additional evidence adduced during the remand.

    Stupid auto correct. Thanks esqappellate that was what I was looking for.
     

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