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If Trump ever does appeal yesterday's beatdown, that appeal goes to the Third Circuit. No guarantees, but I predict it's decided by the same panel that decided Bognet on 11/13: Chief Judge Smith, Judge Shwartz, and Judge Scirica.
https://scholar.google.com/scholar_case?case=3222101816028632996&q=bognet&hl=en&as_sdt=6,39
https://scholar.google.com/scholar_case?case=3222101816028632996&q=bognet&hl=en&as_sdt=6,39
If that's the CA3 panel, expect much confusion (again, as w Brann) about what it means. Smith was nominated by Bush II, Shwartz by Obama, Scirica by Reagan. But even though Smith & Scirica are moderate conservatives (& Shwartz is centrist) Bognet was a disaster for Trump's case.
But, to be clear, that's only my educated guess about what 3 Third Circuit judges would decide an appeal from yesterday's ruling by Judge Brann, not based on any inside info.
I'm seeing a lot of folks asking why Trump's allowed to appeal if the district court dismissed "with prejudice." Dismissal with prejudice doesn't mean you can't appeal. It means you can't file something else in district court to try to fix the problem.
Trump today filed in CA3 a motion to expedite the appeal, and it's quite interesting. It says "the appeal concerns only the decision denying leave to amend."
(Case # is 20-3371 but the case appears not to be on pacer yet, maddeningly.)
(Case # is 20-3371 but the case appears not to be on pacer yet, maddeningly.)
Nothing in this solar system is less surprising than that the other side isn't going along with Trump's hot idea to make them file their briefs blind, same time as Trump's.
