What a great Christmas present for Mike. It is back to square one for him with his lawsuit over what he views as libel by Mark Steyn and CEI.

For background, see this WUWT story:

Mann has filed suit against NRO (now the laughing begins)

Since the previous ruling this summer that said the lawsuit could go ahead was nothing less than a bad legal joke:

Mann-Steyn lawsuit judge inverts the defendants actions, botches ruling

…that ruling has now been nullified by a higher appeals court ruling, Mann’s case will now have to start over.

This new ruling seems pretty blunt. They basically accepted the ACLU amicus brief as fact, saying:

ORDERED, sua sponte, that the Clerk shall file the ACLU’s lodged amicus curiae response as its response.

The appeal was granted with no caveats or exceptions, suggesting that the appeals court views the decision by that wacky judge Natalia M. Combs Greene (now retired) this summer as being very badly flawed, much like the hockey stick itself.

FURTHER ORDERED, these dismissals are without prejudice to appellants filing new notices of appeals from orders denying a special motion to dismiss. Signed by Per Curiam

Here is the ruling:

Order_20131223144647 (PDF)

The order is a matter of public record as seen on the DC Courts website:

In related news, popcorn futures continue their unprecedented climb:

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