Last month I wrote about Judge David Ezra's worrying behavior in the Buoy Case. I won't even attempt to rehash the unusual hijinks in his court. Rather, for present purposes, it is enough to recount how Judge Ezra was perplexed about why the en banc Fifth Circuit reversed him. He cited "chatter" from "law professors" who doubted whether Judge Willett's opinion was actually a controlling majority opinion.
On Monday, the en banc Fifth Circuit finally issued the mandate in the Buoy Case, with a two-sentence message for Judge Ezra:
IT IS ORDERED and ADJUDGED that the district court's order granting a preliminary injunction is REVERSED, and the case is REMANDED with instructions to vacate the preliminary injunction and for further proceedings consistent with the majority opinion of the court. The stay pending appeal is DISSOLVED.
In other words, RTFM. No, not that RTFM. Rather, Read The Following Majority opinion. I have never seen a mandate like this before. Mandates are usually boring documents that contain nothing of substance. But there is a clear signal here
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