http://www.scotusblog.com/2006/07/government-challenges-lawmakers-right-to-appeal/ The Supreme Court of the United States blog Tue, 14 Feb 2012 20:42:12 +0000 hourly 1 http://wordpress.org/?v=3.2.1 http://www.scotusblog.com/2006/07/government-challenges-lawmakers-right-to-appeal/#comment-10132 r.friedman Fri, 14 Jul 2006 12:03:34 +0000 http://www.scotusblog.com/wp/uncategorized/government-challenges-lawmakers-right-to-appeal/#comment-10132 I thought the appealability of the privilege claim was clearly established in one of the Helstoski cases, which came a decade later than DiBella. The way I read Hogan's opinion, he thought so too. What could the government hope to gain? They've got a solid victory on the merits, so why mess around with a procedural point that the Supreme Court might grant cert on? If the panel thinks it has no jurisdiction, it will raise appealability sua sponte. I thought the appealability of the privilege claim was clearly established in one of the Helstoski cases, which came a decade later than DiBella. The way I read Hogan’s opinion, he thought so too. What could the government hope to gain? They’ve got a solid victory on the merits, so why mess around with a procedural point that the Supreme Court might grant cert on? If the panel thinks it has no jurisdiction, it will raise appealability sua sponte.

]]>