Index Case: Freedom To Collect News And Observe Protests — In Portland — May See Oral Argument In Ninth Circuit, But Not Before March 2021…

I suspect the US Attorneys’ office in Portland will be only to happy to dismiss this entire stupid appeal, shortly after Mr. Biden takes office in January. Trump here sought to permit federal troops, while obscuring their ID numbers, to fire indiscriminately on both the press and legal observers (both clearly marked as such with bold reflective lettering vests). . . during the Portland uprisings.

To say that these goon squads violated over 60 years of well-settled first amendment jurisprudence (and the rights of the press, and lawyers) is to significantly understate the evil at work under Barr/Trump. No court is going to grant the appeal the government took from its loss at the trial court level, in Portland.

So. . . as I say, by pushing out a March 2021 potential argument date, the Ninth Circuit is allowing for the system of checks and balances. . . to save them the time and trouble of hearing argument, and then issuing an opinion repudiating the Trump/Barr gestapo tactics. Here’s that, entered overnigt:

. . .This case is being considered for an upcoming oral argument calendar in Portland.

Please review the Portland sitting dates for March 2021 and the 2 subsequent sitting months in that location at [web-address]. If you have an unavoidable conflict on any of the dates, please file Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument. Please follow the form’s instructions carefully.

When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date.

If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice, using CM/ECF (Type of Document: Correspondence to Court; Subject: request for mediation).[11887324]. [20-35739] (AW) [Entered: 11/09/2020 04:51 PM]. . . .

Expect several more of these “clean up” posts, as the judiciary branch itself serves notice that it will focus on disputes with real merit, on both sides — and not these fevered imaginings of a (now deposed) faux-dictator — of what he wishes the law might be.

Grinning — onward.


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