I previously pointed out that without a stay there is no way Biden or the CDC can appeal the mask decision before it becomes moot. First as I said before, it takes a long time to get to the end of an appeal absent some grant of an expedited appeal and DOJ has not filed for such.
Let me briefly explain the process. First you have to file a notice of appeal and then you have to get together a certified record of everything from the district court proceedings and file it with the appellate court. Then the court has to set a briefing schedule which usually is at least thirty days or more and then there are reply briefs and then oral arguments are scheduled. This is not a quick process and I was watching Pirro tonight subbing for Jesse and almost canceled because she had Jonathan Turley on and they skirted around the main point of this rant.
Now before I go on, I looked it up today, and things have changed since I argued two Us Circuit Courts of Appeal cases. Back then you had to have your brief printed in an actual print shop bound with covers. You still have to have it covered and bound but it is acceptable if it’s printed on anything that is the equivalent of a laser printer.
Ok so here’s the point of this rant. The Magoo/CDC mask mandates would have expired on May 23rd. Unless they pretend to extend it indefinitely, the case is moot and I would expect the appellate court to throw it out as such. Remember the Supremes have set that precedent when they refused to consider cases with clear evidence of election fraud and unconstitutional actions because the election was over and so the questions were moot.
That’s my prediction. This faux appeal is just hypocritical appeasement of the socialists.