Both The Aloha State, And 45 Seek To Avoid Delays — And Oral Arguments — In Ninth Circuit

Given that the Supremes have sent Mr. Trump’s appeal back to the Ninth Circuit, insofar as it concerns interpretations of the Supremes’ cert. grant — and given that the parties will now be arguing first thing in the morning, before the Supremes, on October 10, 2017 — both sides are trying to accelerate things through the Ninth Circuit.

Thus, this evening, they have filed this joint motion to expedite (the first brief had previously not been set to be filed until August 11, 2017 — now it will be mid next week):

. . . .On July 14, 2017, this Court docketed this appeal and issued a briefing schedule, by which the opening brief and excerpts of record are currently due August 11, 2007; the answering brief September 8, 2017, or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief within 21 days after service of the answering brief.

The parties have conferred and jointly move for the following expedited briefing schedule:

July 27, 2017 – opening brief and excerpts of record

August 3, 2017 – answering brief and supplemental excerpts of record (if any)

August 9, 2017 – reply brief

The parties believe expedition of the briefing schedule is appropriate given the urgency of the issues involved in this preliminary injunction appeal.

Given the need for expedition, and the nature of the underlying issues presented on appeal, the parties believe that the appeal can be resolved without oral argument. Should the Court believe that argument would be useful, however, the parties respectfully request that argument be scheduled as soon as practicable following the conclusion of briefing. . . .

Now you know — and. . . now I am really crashing!

नमस्ते

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