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David Kurtz
@davidkurtz.bsky.social

JUST IN: In Trump admin's attack on California midterm elections, 9th Circuit in 2-1 decision dismisses Trump DOJ's appeal for lack of appellate jurisdiction. Case goes back to Judge Carter for hearing tomorrow. www.courtlistener.com/docket/75011...

courtlistener.com#63 in United States of America v. State of California, et al. (9th Cir., 26-7070) – CourtListener.comORDER FOR PUBLICATION FILED. (Mark J. BENNETT, Patrick J. BUMATAY, Gabriel P. SANCHEZ) (Concurrence by Judge BENNETT; Concurrence by Judge SANCHEZ; Dissent by Judge BUMATAY) [SEE ORDER FOR FULL TEXT] ...

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David Kurtz
@davidkurtz.bsky.social

Clarification: Opinion was not 2-1, exactly. It was per curiam, with a separate concurrence by Judge Bennett; a separate concurrence by Judge Sanchez; and a dissent by Judge BUMATAY.

David Kurtz
@davidkurtz.bsky.social

The appeals court faulted the administration for its initial lack of urgency in the case, a smackdown that may land Attorney General Todd Blanche in hot water with the Trump White House:

David Kurtz
@davidkurtz.bsky.social

The case now bounces back to U.S. District Judge David O. Carter of Los Angeles who has a critical hearing already scheduled for tomorrow. Regardless of how Judge Carter rules after tomorrow’s hearing, the case is likely to wind up back at the 9th Circuit, with the losing side expected to appeal.