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is consistent with a centuries-old judicial concept: never decide what you don't really have to decide, especially when you have a plausible excuse for not deciding it. Here, the 9th Circuit blamed the not-completely-unexpected detour on the lack of "controlling state precedent" on the question of what to do with an appeal where, as here, both the sitting governor (the since-departed Arnold Schwarzenegger) and the sitting attorney general (the since made-governor Jerry Brown) refused to carry it out.By diverting the case away from the federal courts and toward the state supreme court,[link widoczny dla zalogowanych], by asking for clarification of state law by and from the state's highest court, the 9th Circuit has almost certainly delayed a substantive ruling on the merits of the case for at least a year and likely longer. The standing issue will likely have to be briefed all over again before the state high court, and a new oral argument date will likely have to be set,[link widoczny dla zalogowanych], and then a new vigil