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If Trump ever does appeal yesterday& #39;s beatdown, that appeal goes to the Third Circuit. No guarantees, but I predict it& #39;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_c...
https://scholar.google.com/scholar_case?case=3222101816028632996&q=bognet&hl=en&as_sdt=6,39">https://scholar.google.com/scholar_c...
If that& #39;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& #39;s case.
But, to be clear, that& #39;s only my educated guess about what 3 Third Circuit judges would decide an appeal from yesterday& #39;s ruling by Judge Brann, not based on any inside info.
I& #39;m seeing a lot of folks asking why Trump& #39;s allowed to appeal if the district court dismissed "with prejudice." Dismissal with prejudice doesn& #39;t mean you can& #39;t appeal. It means you can& #39;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& #39;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.)
