Will Bode

Correct. The president has the ability to issue a temporary extension if he makes certain findings, which the president said not to do. But at its core, what it says is that TikTok cannot be owned by a Chinese company. It can't operate in the United States.

Correct. The president has the ability to issue a temporary extension if he makes certain findings, which the president said not to do. But at its core, what it says is that TikTok cannot be owned by a Chinese company. It can't operate in the United States.

I just thought that... Although it's precisely written. If it said 270 days after the date of the act's enactment, then the dash would be wrong. But by eliminating the date...

I just thought that... Although it's precisely written. If it said 270 days after the date of the act's enactment, then the dash would be wrong. But by eliminating the date...

I think it was written by the Chief Justice. Okay. In part because I assume that it would have made sense for somebody to start drafting this opinion before the argument. Yeah. And the person who would be in the best position to start drafting the opinion before the argument would be the Chief Justice. Yeah.

I think it was written by the Chief Justice. Okay. In part because I assume that it would have made sense for somebody to start drafting this opinion before the argument. Yeah. And the person who would be in the best position to start drafting the opinion before the argument would be the Chief Justice. Yeah.

Don't we call these rocket docket now?

Don't we call these rocket docket now?

Well, it's ambiguous. Right. So on the one hand, they did not grant cert. I guess they did treat it as a cert petition. It starts as a request for an emergency injunction to stop the action going into effect.

Well, it's ambiguous. Right. So on the one hand, they did not grant cert. I guess they did treat it as a cert petition. It starts as a request for an emergency injunction to stop the action going into effect.

But the first page of the PDF says certiorari to the United States Court of Appeals for the District Legal Circuit.

But the first page of the PDF says certiorari to the United States Court of Appeals for the District Legal Circuit.

Okay, tweet it. Okay. So I think what happened is this started as a set of emergency applications. And then on December 18th, the court said, the party suggested we could treat these emergency applications as a writ of certiorari. Doing so, the petition is hereby granted. So they re-characterized it as a cert petition. And they must have kind of lost track of the fact they'd done that.

Okay, tweet it. Okay. So I think what happened is this started as a set of emergency applications. And then on December 18th, the court said, the party suggested we could treat these emergency applications as a writ of certiorari. Doing so, the petition is hereby granted. So they re-characterized it as a cert petition. And they must have kind of lost track of the fact they'd done that.

So I think it is not of the shadow docket. The interesting thing about this is there have been some cases, and I think the... OSHA cases about the mask and vaccine mandate under Biden, I think were just stays that were then orally argued and like got an opinion like stays, but they always stayed stay applications. This technically had certain grants. And so it technically became a merits case.

So I think it is not of the shadow docket. The interesting thing about this is there have been some cases, and I think the... OSHA cases about the mask and vaccine mandate under Biden, I think were just stays that were then orally argued and like got an opinion like stays, but they always stayed stay applications. This technically had certain grants. And so it technically became a merits case.

I think. So why, why? I think probably that was a mistake. I think they probably made it per curiam because they thought it was like the OSHA case where they were deciding it on stays. And so they only remembered now. I only remember a few hours later today that it was a cert case, so it probably shouldn't be per curiam.

I think. So why, why? I think probably that was a mistake. I think they probably made it per curiam because they thought it was like the OSHA case where they were deciding it on stays. And so they only remembered now. I only remember a few hours later today that it was a cert case, so it probably shouldn't be per curiam.

I guess you could still say, and maybe you still have a per curiam sometimes for things that are super fast. I guess in Trump versus Anderson, was that cert? It might have been cert. I don't remember. You should know. Come on. I mean, that's your case. Don't rub it in. It's not my case. You've tried to block it.

I guess you could still say, and maybe you still have a per curiam sometimes for things that are super fast. I guess in Trump versus Anderson, was that cert? It might have been cert. I don't remember. You should know. Come on. I mean, that's your case. Don't rub it in. It's not my case. You've tried to block it.