And here is JO’C’s analysis of the Denedo argument that he posted in a comment earlier today:
John O’Connor said…
I just listened to oral argument in Denedo. While it’s inherently dicey to predict an outcome based on the tenor of oral argument, I didn’t hear three votes for the exercise of writ jurisdiction here. My suspicion is that the court will dismiss the writ petition, with the real issue being whether the court does so without prejudice so that Denedo can come back if an Article III court finds that it lacks jurisdiction over the petition.
Of course, in my mind, that proposition has it exactly backwards, as the CAAF (with its very narrow jurisdiction) should not be the residuum court, the one that will exercise jurisdiction if another court won’t. I believe that an Article III court would have jurisdiction over the writ and, again in my mind, the CAAF has no place expanding its own powers if, for whatever reason, an Article III court erroneously concludes that it lacks jurisdiction.
Tue Oct 02, 02:23:00 PM EDT