from ortcutt's diary on dkos
http://www.dailykos.com/story/2005/10/26/14471/096CourtWeb, unfortunately, can sometimes be a bit slow in posting opinions and orders (and Judge Hellerstein doesn't always use it, anyway). CourtWeb would also not show any filing by a party, such as the notice of appeal. Having said that, a review of the docket on the PACER/ECF database (registration required) shows that, on Monday October 24, the ACLU filed papers in opposition to the CIA's motion for partial reconsideration. Later that same day, Judge Hellerstein signed an order further enlarging the stay, until November 1 to permit him time for consideration of the government motion and plaintiff's opposition. So sit tight everyone, we've got at least another week to wait.
and more stuff
My Two Cents (none / 1)
Warning: Although I work at a law firm, I am not myself a lawyer. Having said that, based on my experience with cases being appealed to the Second Circuit, unless the ACLU is able to convincingly make an argument that the matter needs to be heard on an expedited basis, it would take some time indeed.
Assuming no extensions to the appellate schedule, the government's brief would likely be due about two months after the notice of appeal, the ACLU's brief 30 days after that, and the government reply 14 days later. Oral argument before a three-judge panel could be held as soon as two weeks later, and a decision could be rendered at any time after that.
Realistically, however, there would probably be one or more extensions to the schedule for more comprehensive briefing, a significant gap between the end of briefing and oral argument, and another long gap before the decision. A grand total of a year or more wouldn't be at all surprising.
Given the chaos currently enveloping the Administration, I'm not sure it would be a bad thing at all from our standpoint to leave this out there until close to Election Day 2006. If the Second Circuit were to uphold Judge Hellerstein's ruling, it's a sure bet that the government would appeal further (both to the Second Circuit en banc -- essentially the entire court, rather than just the panel -- and to the Supreme Court). Final resolution might easily take another year or two; compare with how long it took the FOIA lawsuit regarding the Cheney energy task force materials.
by The Maven on Wed Oct 26, 2005 at 02:17:19 PM PDT
< Parent >
En Banc and Supreme Court Appeals (none / 0)
Would there be new delays for the government and ACLU to write new briefs for En Banc and Supreme Court appeals or do they just work with the existing briefs?
Let's hope that this case is expedited.
by ortcutt on Wed Oct 26, 2005 at 02:59:26 PM PDT
< Parent >
New Rounds, Generally (none / 1)
The en banc hearing could go either way, but usually there will be a supplemental round of briefing and another oral argument before the en banc court. There's a good chance though that the petition for rehearing en banc would be denied, leaving the Supreme Court as the only remaining option.
Anything going on up to the Supreme Court would take even longer. Since there is no appeal as of right to the Supreme Court, there would first be a round of briefing merely to convince the Court to accept the case (this would likely take 4-6 months after the final Second Circuit decision). If the Supreme Court were to agree to hear the case, the merits briefing would take several more months, followed by oral argument some months later, and then, finally, a decision. (If the Supreme Court refused to hear the case, the decision of the Second Circuit would stand, intact.)
And there's always the possibility that any appellate-level decision could direct that the case go back down to Judge Hellerstein for further consideration, restarting the entire process.
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