I found this info for federal circuit court of app
Post# of 82672
It seems like the judges can rule tomorrow based on 2(c). VERY INTERESTING.
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SUBJECT: ORAL ARGUMENT
1. It is the court’s policy that 15 minutes per side be the normal time allocation, and
that 30 minutes per side be normally the maximum time allocation. A judge in disagreement
with the normal time allocation will so state to the presiding judge. In a case that initially has
been designated for no oral argument, oral argument will be held on request of one member of
a panel. The presiding judge will notify the clerk of any change in the time allocation, not
later than seven days prior to the date of argument, to enable the clerk to notify counsel well
before the first day of the panel session.
2. Consistent with Fed. R. App. P. 34 and Fed. Cir. R. 34, it is the court’s policy to
allow oral argument unless:
(a) The appeal is frivolous; or
(b) The dispositive issue or set of issues recently has been authoritatively decided;
or
(c) The facts and legal arguments are presented adequately in the briefs and
record, and the decisional process would not be aided significantly by oral argument.
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