Michael Solimine writes:

There's some authority for the proposition that interlocutory orders of
three-judge district courts may be appealed to a U.S. Court of Appeals,
rather than to the Supreme Court. Castro Cty. v. Crespin, 101 F.3d 121 (D.C.
Cir. 1996); Hays v. Louisiana, 18 F.3d 1319 (5th Cir. 1994). But since there
has now been a direct appeal lodged in the Supreme Court of the final
judgment in the BCRA case (hasn't there?), those cases don't seem to apply.
So I don't understand James Bopps' strategy either.

Michael E. Solimine
Donald P. Klekamp Professor of Law
University of Cincinnati College of Law
P.O. Box 210040
Cincinnati, Ohio 45221-0040
(513) 556-0102