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Old September 25, 2009, 04:00 PM   #10
ilbob
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Join Date: November 29, 2006
Location: Northern Illinois
Posts: 516
Quote:
My guess is that the 9th reverses its previous ruling. The 9th isn't the least bit afraid of being reversed by SCOTUS - it is the most frequently overruled appellate court in all the land, so that wouldn't be a consideration in its eventual action (or inaction).

But...the 9th is a circuit of ideologues, and the fact that it even took the case en banc implies to me a predisposition to reverse itself. Further, reversing itself then has the effect of eliminating an important motivation for the SCOTUS to rule upon incorporation, since there would then be no discrepancy between appeals court rulings in different circuits.

I'd be astonished if the 9th allowed Nordyke to stand.
It seems to me they have only decided to wait and see what SCOTUS does. That seems like a wise choice. No reason to spend a lot of time screwing around deciding something if SCOTUS is going to do so.

If SCOTUS refuses to take up the issue, the 9th wlll.
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