Some of Steve McIntyre's commentators think that the ACLU / Big Media support is still only on the narrow procedural issue of immediate appealability, but that's not so. (steynonline.com)
If the Appeals Court now agrees to hear an appeal on the appealability of whether or not the appeal is appealable, the decision (on the basis of this most recent opinion) would come shortly after the midterm elections. (steynonline.com)
In light of that decision, the Federal Circuit granted rehearing en banc to revisit the appealability of the time - bar issue (brookskushman.com)