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02/22/2013

Recess Appointments Case to the Supreme Court Next Term?
Michael Ramsey

At Point of Order, Michael Stern reports that (according to his sources) the Justice Department will not seek rehearing en banc of the D.C. Circuit's recess appointments decision and will try for review in the Supreme Court on a non-expedited basis.  If that's right, and if the Court grants review (as I assume it will), that would likely put the recess appointments case on the early part of the calendar for next Term (Fall 2013) -- along with another high-profile originalist-oriented case, Bond v. United States.

UPDATE:  And likely another -- Moore v. Madigan (Second Amendment right to carry firearms in public; rehearing en banc denied today).