Oral Arguments in APSCU's Appeal of D.C. Courts Decision Scheduled For This Friday, January 22, 2016
As long as the weather holds out and the Washington, D.C. government is not shut down this Friday, oral arguments in the appeal of the lower court's ruling by Judge John Bates will be heard at 9:30 a.m. at the E Barrett Pettyman Federal Courthouse (333 Constitution Ave, NW), Courtroom 31. Presiding over the appeals hearing will be Chief Judge of the Court of Appeals Merrick Garland, along with Judges Judith Rogers and Douglas Ginsburg. Chief Judge Garland and Rogers were Clinton appointees, Ginsburg (no relation to Ruth Bader Ginsburg) a Reagan appointee. Once the hearing, which is open to the public, begins both APSCU and the Department will have 15 minutes to make their arguments to the appellate bench. This is different than the circuit court hearings where each side was afforded anywhere from 30-45 minutes to present their argument. Most likely, APSCU's attorneys will present their argument in 10-12 minutes, followed by 15 minutes of arguments by the Department, with APSCU then using their remaining 3-5 minutes for rebuttal. There is no set timetable as to when a decision will be rendered.  With three judges deciding the opinion, they must conference and agree (or agree to disagree) on a verdict. For example, there were three opinions released on Friday January 15th. One case was argued on September 15, another on October 7 and the third on December 9. Former Akerman lawyer Nick Falvo has been monitoring both the case and weather and will report back to me if the arguments proceed as scheduled.