This time, the en banc 9th Circuit orders mediation:
The panel believes that the parties should attempt to settle
this dispute by agreeing on the conditions for holding gun
shows at the Alameda County fairgrounds, with the assistance
of mediation. The case is referred to the Circuit Mediation
Office for mediation, and its submission is deferred for 45
days or pending further order of the court.
The Circuit Mediator will contact the parties as soon as
possible and shall provide a status report to the panel no later
than 45 days following this order.
Kozinski wants “no part of it”:
The parties have not asked for mediation; they have said
nothing that suggests mediation would be fruitful; when asked
about it in court, they displayed obvious distaste for the idea.
We overstep our authority by forcing the parties to spend time
and money engaging in a mediation charade. Our job is to
decide the case, and do so promptly. This delay serves no useful
purpose; it only makes us look foolish. I want no part of
I wonder if the Supreme Court could order NFIB and HHS to just work out their diferences?