It's disappointing that the Ninth Circuit didn't provide more information about why it reached the conclusion it did. This is an important question that will recur in many other cases.

Given the strict time limit in the CVRA, this seems quite reasonable, IMO.

Also, kudos!

Oren, couldn't the Ninth Circuit satisfy both Paul and § 3771(d)(3)'s time limit by issuing an order with an opinion to follow in convenient time, as the Seventh Circuit did in the Georgia Thompson case?

Congratulations and thanks for posting on this case.

Ruling now and issuing an opinion later would frustrate the statute’s purpose and does not appear to be authorized by the statute's plain terms. Such a setup would require the Court to issuing a ruling but then hold the mandate (if it did not, it could not later issue an opinion), which would mean the case would be stalled in the Ninth Circuit until the written opinion was issued. Do you believe, professor, that courts may interpret the CVA in such a way as to frustrate its clear purpose?

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Isn't the circuit court's order effective only when the mandate is issued to the district court? And doesn't the circuit court lose jurisdiction over the case as soon as it issues the mandate to the district court? I don't think two courts can have jurisdiction over the case at the same time.

In any event, since one of the purposes, if not the main purpose, of the opinion is to give guidance to the district court, the circuit court needs to act quickly in releasing the opinion. A purpose of the expedited process is to ensure that the trial can proceed with no disruption, and any guidance in a later opinion will therefore come too late.

Although it's not in point and I mention it only for interest's sake, the Rosenberg case is an example of a delayed opinion. The Court reconvened in special summer session, as I recall for the first time in its history, and vacated a stay of execution granted by Justice Douglas. Justice Frankfurter wrote a dissenting opinion after the Rosenbergs had been executed. He said: "To be writing an opinion in a case affecting two lives after the curtain has been rung down upon them has the appearance of pathetic futility. But history also has its claims." That, however, was not a case in which jurisdiction had been returned to another court.

Isn't a Mandamus an original action in a circuit court when a district court is the respondent? It seems like they could certainly issue the mandate and opinion later since jurisdiction can't go anywhere else; it was filed originally in the circuit court and never goes to the district court except as an order to do something.