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Not well versed in the legal process here... I assume that the hearing is just a formality at this point, and the case is all but certain to be appealed, right?
by matheweis 11y ago
Not well versed in the legal process here... I assume that the hearing is just a formality at this point, and the case is all but certain to be appealed, right?
- droithomme 11y agoThis is their final response in their own federal district court. The district court will issue its decision. Afterwards the next appeal would be to the US Supreme Court. That level of appeal can take years if accepted, or more commonly, is ignored. In the meantime there can be orders for them to comply in the meantime or face consequences.
- Mandatum 11y agoWhat can we expect to see from Apple? Would they comply, if not what consequences would we see them face? Fines or jail-time for those making the decision to not comply?
- techsupporter 11y agoI think you missed a step. This is currently in District Court, the next appeal would be to the Court of Appeals for the 9th Circuit, yes?
- droithomme 11y agoSorry, right, you are correct. Thanks.
- dbcurtis 11y agoI thought we were at the step where the case is now fully briefed? Isn't the next step oral arguments at the district court level? Then a District court ruling. Then appeal to 9CA, and so forth. Although if someone files for an Emergency TRO, I'm not sure if that goes to 9CA or to the SCOTUS Justice that oversees 9CA (Kennedy).
- schoen 11y agoThe hearing at the district court level will be before a magistrate judge (because of the way that the issue arose in connection with a search warrant). Magistrate judges' orders can also be appealed to the district judge assigned to the case, which happens before an appeal to the court of appeals. https://www.law.cornell.edu/rules/frcrmp/rule_59 https://www.law.cornell.edu/rules/frcrmp/rule_59