In re United States

After the district court stayed proceedings, the government told the Supreme Court and the Ninth Circuit (in submissions made in connection with its pending mandamus petitions) that it would file a petition for permission to appeal in the Ninth Circuit by December 3 and that it expected to seek dismissal of the mandamus petitions if the Ninth Circuit permitted appeal.

Concurrently with its application to the Supreme Court for a stay, the federal government also filed a petition for writ of mandamus to the district court. Alternatively, the government said the Court could view its request either as a petition for writ of certiorari to review the Ninth Circuit’s judgment denying mandamus or as a common-law writ of certiorari for review of the district court’s ruling on the dispositive motions.