RT @NotTimKowal: Really?!? We should replace law clerks with #ChatGPT ?. Why not? says @AdamUnikowsky Is it really preferable that judges b….

3. The Supreme Court CVSGed, and the SG said the patent was not enabled and recommended denying cert.

2. The unanimous Federal Circuit said the patent was not enabled.

1. The district court said the patent was not enabled.

I think it is unlikely (not impossible) the full Court will rule on the motion within 24 hours of a response brief (a reply would come in Wednesday, hours before the stay would expire).

Ordinarily, when an administrative stay is granted, it’s granted until the Court resolves the stay application. Why not do that here? What is the extreme rush?.

Barring that, the plaintiffs say there is NO opportunity for appellate review of Judge Kacsmaryk’s order until he gets around to entering a final judgment, unless he chooses to exercise his discretion to certify an interlocutory appeal, which he’d never do.

The plaintiffs do say that DOJ could have filed a petition for a writ of mandamus, but that involves an ultra- ultra- deferential standard of review.

Among other things, they say that because Judge Kacsmaryk styled his order as a “stay” of the FDA’s approval, not an injunction, the Fifth Circuit lacks appellate jurisdiction. Clever!.

There are actually a number of cases like this. Cement Kiln Recycling v. EPA was put into abeyance in 2004. For the last 19 years, the parties have filed regular status reports stating they are still in discussions.

23 years later, it remains in abeyance. Every 60 days, for 23 years, someone has filed a status report saying, EPA is still thinking about this, so please keep this case in abeyance.

On May 10, 2000, several parties moved the D.C. Circuit to hold the appeals in abeyance pending further action by EPA. On May 31, 2000, this motion was granted.

RT @patrickaturley: I move that we change the name of the "United States" to "AAAAAA United States" so it shows up at the top of dropdown l….

RT @__LaVieEnRose__: My 4 favourite things are contemplating eating my family and not using commas.

Hello!.