Fed Gov Finally Files Its Emergency Interim Appeal of the Preliminary Injunction On July 10 With The Fifth Circuit

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johnkarls
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Joined: Fri Jun 29, 2007 8:43 pm

Fed Gov Finally Files Its Emergency Interim Appeal of the Preliminary Injunction On July 10 With The Fifth Circuit

Post by johnkarls »

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In the wake of its July 5th public-relations notice of an intent to appeal the Preliminary Injunction of the U.S. District Court, the US Gov actually did so on July 10. Here is a copy of the appeal --


It is interesting that the US Gov “chose its poison” by appealing to the Fifth Circuit rather than to the U.S. Supreme Court where Justice Alito would have been in charge of the emergency interim appeal of the preliminary injunction.

Technically, Justice Alito could still decide to reverse overnight any decision of the Fifth Circuit to stay the preliminary injunction.

However, it would appear that the US Gov is betting that Justice Alito would refrain if the US Gov is lucky in the Fifth Circuit.

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