And it is claimed the judicial branch is independent? For this judge to cave on the basis of overnight comments and media reports shows something unpleasant indeed.
Rule 41 of the Ninth Circuit provides an automatic stay of the mandate when a petition for rehearing (or for en banc review) is filed. The appellee (soon to be appellant unless the en banc panel vacates the decision) has indicated that a petition for rehearing will be filed. THe judge’s action is not out of the ordinary, in light of the rule.
And it is claimed the judicial branch is independent? For this judge to cave on the basis of overnight comments and media reports shows something unpleasant indeed.
I don’t think he caved Jak. From what I understand, this stay is pretty standard fare.
I think it is because they realised they had just made the US dollar unconstitutional: see here why:
<a href=”http://brusselsblog.blogspot.com/2002_06_23_brusselsblog_archive.html#78286655″>http://brusselsblog.blogspot.com/2002_06_23_brusselsblog_archive.html#78286655</a>
Rule 41 of the Ninth Circuit provides an automatic stay of the mandate when a petition for rehearing (or for en banc review) is filed. The appellee (soon to be appellant unless the en banc panel vacates the decision) has indicated that a petition for rehearing will be filed. THe judge’s action is not out of the ordinary, in light of the rule.
Thanks, Peggy. I was fairly certain, but it’s nice to have the facts arrive to shore things up.