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Old March 30, 2012, 12:53 PM   #75
Frank Ettin
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 8,702
Originally Posted by hermannr
...OK, the judge issues his injunction and it is appealed. The appeal is denied, and it is appealed to the supremes, and they deny to hear the appeal..That is, all above just let the original ruling stand as is....
It looks like you're positing that the 4th Circuit affirms the District Court. Then whatever opinion the 4th Circuit publishes affirming the District Court become the law in the 4th Circuit.

I suppose that the 4th Circuit could simply adopt the memorandum decision of the District Court, in which case, assuming the 4th Circuit publishes, that would be the law in the 4th Circuit.

What I don't know is if the Rules in the 4th Circuit would permit the court of appeals to issue a decision not certified for publication. That would be highly unusual when there is an unsettled question of law.
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