Update on the U.S. Government in the Range Case
BY Herschel Smith
So you’ll have to watch the entire video in order to understand. I did, and I do. In fact, I knew where he was headed by half way through the video or even less.
BLUF. This either stops with the appeals court, in which case it may be cited in the future by other courts, or it may be ignored by other courts, or it goes to the supreme court for a final ruling in Range.
In order for it to go to the supreme court, the U.S. government must have an interest, i.e., have standing. In order to have standing, they must pursue the case as is.
Then it’s possible to switch their position during final submittals to the court. This is what Mark recommends. The whole thing is a bit twisted, but these are the rules.
So don’t be surprised when you see the U.S. appeal the Range decision to the supreme court rather than let it die at appeals court.
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