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Tuesday, March 07, 2023 9:50:41 AM
I suspect all parties would be in favor of the delay if prudence and economy dictate that option. And we do know that an Appropriations claim will be heard (and on its merits) at SCOTUS in CFPB v CFSA.
One thing gives me pause, though: the Collins appellate panel dismissed the Appropriations claim on a *procedural basis*.
So perhaps the Fifth Circuit en banc would proceed to hear the Collins case in full, but then limit its opinion on the Appropriations claim to that very narrow procedural basis.
Should the en banc find for the plaintiffs, it would simply vacate the panel decision and remand the Appropriations claim back to district court for full review on merits in the first instance. Now, at that future point, certainly the district court would wait for the result of CFPB v CFSA.
Just a thought. I’m probably wrong.
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