Judge Kessler came into court today impatient with the parties’ lack of progress on wording for the corrective statements that adheres to May’s Court of Appeals ruling. She left court with, I’m sure, a headache-inducing blow from a monkey wrench thrown from out of nowhere, and a horrifying vision of the proceedings going on for much, much longer.
She started by expressing some dismay that, “despite a substantial period of time,” the parties were unable to come to an agreement for ONE fragment of a sentence that the Court of Appeals wants changed.
The first felt blow came from Noel Francisco, who said that actually, the entire preamble is at issue here, not just that fragment.
Judge Kessler said, “We must be reading different Court of Appeals rulings.”
She set a schedule for dealing with the ruling:
By 5pm Oct 26 (ie, 3 weeks from now) Defendants will file a brief.
By 5PM Nov 16: The Government will reply. That gives USA 3 weeks to respond
By 5PM Nov. 25, Defendants will submit a reply to Government’s brief.
Judge Kessler will then use the briefs to decide the issue.
Implied was that everyone can then have a nice Thanksgiving recess.
DOJ’s Daniel Crane-Hirsch spoke to the issue of “implementation.” Since the change in wording may affect fonts, layouts, etc., these issues should be combined in the upcoming briefs.
Judge Kessler was clearly displeased that implementation had become an issue, and that “We have wasted all this time. Clearly someone is reading the Court of Appeals ruling differently than I am.”