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" ... Second, the Trump DOJ may be trying to game the consideration of the issue by getting it away from the Ninth Circuit. The Ninth Circuit is relatively liberal compared to some other federal courts of appeals. Normally, the Trump DOJ would be expected to await the opinion from the Ninth Circuit, and to take their lumps, and to come to the Supreme Court seeking to overturn that opinion. And, normally, it would be considered highly out of order to use the rare cert berfore judgment for the relatively common occurrence that DOJ does not like what it expects from a court of appeals. This treats the Supreme Court as a Trump Administration tool to do its bidding. ... "