The Firing Line Forums - View Single Post - Alert: 9th circuit to vote on en banc hearing for Nordyke

Al Norris · July 5, 2009, 07:44 AM

Bart, that was the cert petition from Maloney. Which incidently, was a brilliant move on their part.

Consider: The 9th had just argued; The 2nd was decided a week later; At almost the end of the 90 day period to file for cert, Maloney asked and was granted an extension (by Justice Ginsberg, no less); Then the 7th was decided; Petitions for cert were filed by the parties in the 7th; Briefs were filed for the en banc hearing in the 9th; Maloney files his cert. now knowing where all the other players stand.

All this to make what he (Maloney) hopes is a compelling case, that all three circuits decided the issue on different grounds. Certainly a case for Supreme Court guidance here.

Meanwhile, back in the 9th... If the vote is for an en banc hearing, the judgement of the panel will be set aside and the entire appellet case will be heard from scratch. I believe that it is safe to say that, as the nature of the two opposing briefs demand nothing less.

Should the 9th Circuit vote not to hold the hearing, we now know how the petitions for cert will run, should Alameda and/or Nordyke further their appeals.

The timing of all this is nothing short of amazing.

July 5, 2009, 07:44 AM	#9
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	Bart, that was the cert petition from Maloney. Which incidently, was a brilliant move on their part. Consider: The 9th had just argued; The 2nd was decided a week later; At almost the end of the 90 day period to file for cert, Maloney asked and was granted an extension (by Justice Ginsberg, no less); Then the 7th was decided; Petitions for cert were filed by the parties in the 7th; Briefs were filed for the en banc hearing in the 9th; Maloney files his cert. now knowing where all the other players stand. All this to make what he (Maloney) hopes is a compelling case, that all three circuits decided the issue on different grounds. Certainly a case for Supreme Court guidance here. Meanwhile, back in the 9th... If the vote is for an en banc hearing, the judgement of the panel will be set aside and the entire appellet case will be heard from scratch. I believe that it is safe to say that, as the nature of the two opposing briefs demand nothing less. Should the 9th Circuit vote not to hold the hearing, we now know how the petitions for cert will run, should Alameda and/or Nordyke further their appeals. The timing of all this is nothing short of amazing.