Yes, the 4th Circuit is probably the most government friendly jurisdiction of which our government could hope and dream.
HOWEVER, that doesn't necessarily mean that the Fightin' Fourth is all that thrilled when it feels like it's been manipulated. No less a personage than Judge J. Michael Luttig seems to be calling the government to the carpet for manipulating the system to get favorable precedent and then acting in a manner meant to preserve that precedent by mooting the case before it went to the Supreme Court (where the case was very much in doubt).
Man, I'd love to have been a fly on the wall when the DOJ learned that it had pushed so far that it might even have gotten beyond Judge Luttig's limits.
Prior Pertinent Posts: Vacatur
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