When the Supreme Court, 5-4, affirmed the California prisoner release order, it very strongly hinted that if the State asked for more time, the panel should grant it. This post on the LA Times politics blog indicates Gov. Brown will indeed ask for more time.
Now, the three judges on this panel don't actually give a hoot what the Supreme Court thinks. They are the most pro-criminal, anti-law-enforcement panel in the history of the federal judiciary. However, they know that the State has an appeal as of right to the Supreme Court. Unlike almost all other cases, the high court has to take it if asked. So Judge Reinhardt's "they can't reverse them all" maxim doesn't apply here. So maybe they actually will pay attention to what the Supreme Court said. Maybe.
Now, the three judges on this panel don't actually give a hoot what the Supreme Court thinks. They are the most pro-criminal, anti-law-enforcement panel in the history of the federal judiciary. However, they know that the State has an appeal as of right to the Supreme Court. Unlike almost all other cases, the high court has to take it if asked. So Judge Reinhardt's "they can't reverse them all" maxim doesn't apply here. So maybe they actually will pay attention to what the Supreme Court said. Maybe.
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