Here's a possible and interesting legal approach DOJ may be taking on appeal of Judge Mizzell's ruling that enjoined the CDC's mask order on federally regulated transportation facilities and equipment, From the NYT ........
...... the failure (of the DOJ) to seek a stay may make sense if the Biden legal team was instead trying to protect the C.D.C.’s power with no real intention of trying to get a higher court to reinstate the mask mandate to seek (Risking that DOJ might lose it's request for a stay).
He pointed to an obscure legal doctrine under which if a case is on appeal when the dispute becomes moot for reasons unrelated to the litigation, an appeals court can remand it to the district court with instructions not only to dismiss the case but to vacate the district court’s ruling — meaning wipe it from the books.
The government, he said, may be giving itself that option after the mandate’s planned expiration on May 3.
...... the failure (of the DOJ) to seek a stay may make sense if the Biden legal team was instead trying to protect the C.D.C.’s power with no real intention of trying to get a higher court to reinstate the mask mandate to seek (Risking that DOJ might lose it's request for a stay).
He pointed to an obscure legal doctrine under which if a case is on appeal when the dispute becomes moot for reasons unrelated to the litigation, an appeals court can remand it to the district court with instructions not only to dismiss the case but to vacate the district court’s ruling — meaning wipe it from the books.
The government, he said, may be giving itself that option after the mandate’s planned expiration on May 3.
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