Will the Govt have to Post Bond To Appeal

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Word is that the government will appeal. Doing so would put the case in the U.S. Fifth Circuit, widely regarded as the most conservative and pro-business of the nation’s appellate courts. The chances of the Obama administration winning in the 5th, which like Feldman’s court is based in New Orleans, aren’t great.

Furthermore, as the Times-Picayune noted last night in quoting Loyola Law professor Blaine LeCesne, appealing is an expensive proposition.

But LeCesne noted that if the government wants to stay any preliminary injunction, it could be required to post a bond equivalent to the damage faced by the affected parties, such as Hornbeck. “It could be billions,” LeCesne said. “It could be cost-prohibitive to appeal.”

Guess we now know what BP’s $20 billion is for.

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