I'm skeptical of the argument that a federal judge needs anyone's permission to do anything. He is a party to the action and he filed it under his own name. The United States is represented in the case already.Oh I know. But I can sit and relish the hilarious irony, that the crux of Sulivan's argument is they are bound to the "With the Leave of the Court" to dismiss, which he isn't giving. So the AG pulls out some actual law and decisions backing the fact that to file his appeal Sulivan may only do so "With the Leave of the Attorney General" which he isn't giving.
Also apparently the Circuit wasn't impressed by the argument either.
They've granted the petition for en banc review. That doesn't mean they won't just affirm the panel decision, although the split decision hints the issue is a close one.
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