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matthewstiegler.bsky.social
Appellate lawyer, president of Third Circuit Bar Association, former prosecutor, fellow of American Academy of Appellate Lawyers. Views here: just mine.
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this visual .... yikes.
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For people who don’t know DC, this is less than the crowd on the Constitution Avenue *sidewalk* on a normal Saturday in June, July, or August.
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bsky.app/profile/matt...
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About Trump. Said by Trump’s sister (the judge) to his niece, who recorded it. During his first term. (You’re right, she died in 2023.) www.politico.com/news/2020/08...
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Just this morning I was like “wait, is this quote from *the Declaration of Independence* too edgy?”
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My wife @pattyskuster.bsky.social definitely got a few pitying looks
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All the platitudes, urgent again.
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There are nearly 100,000 people at the rally in Philadelphia. #NoKings
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Objectively
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Philly, baby
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“We will not stand down. Not now, not ever.” -Rev. Barber. Crowd erupts.
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Philly was never gonna disappoint. #FlyEaglesFly #NoKings
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Endorsed
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This is a gigantic, hopeful, diverse, determined, peaceful Philadelphia protest march.
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This is a gigantic, hopeful, diverse, determined, peaceful Philadelphia protest march.
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We’ll see about that.
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Yes, makes lots of us lawyers frustrated and angry, too.
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Irony aside, just imagine wagging your finger at a person for interrupting someone saying* that they’re sending in the military to liberate a city from its elected leaders.* Interrupting THAT with a polite question wasn’t rude, it was superhuman.
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Right? Hey everyone, I have a brilliant idea, let's fix this problem by creating a rule that says to get a stay you need to show some quantum of harm plus a threshold likelihood of prevailing.
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And 1 First St NE
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I'm no military-law expert, so I don't know the answer, but I do wonder how the duty to disobey unlawful orders applies to the situation the Ninth Circuit just created.
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Wheels of justice, they turn slowly
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Because that, I submit, is the same basic thing the appeals court just did here.
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But I appeal. I'm still on the carrier, still in my costume, still giving orders. Now, how BANANAS would an appellate court have to be to say, "uh, we haven't looked at the case yet, and we're not going to get around to it for 4 days, so we're going to stay the order and leave Stiegler in charge"?
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... whose orders to disobey, so instead of reclaiming control they go to court to get an order that says the pretend-admiral jackass does not have the power to command the carrier. And the judge says, yes, of course, that bozo lacks any lawful authority, and enters an order that I stop.
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Or consider another scenario, closer to the real one. Let's say I put on a fake admiral's uniform, waltz over to the local aircraft carrier, and start barking orders to put to sea. Suppose the Navy (like California) wants to avoid putting sailors in the position of having to decide ...
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Except I switched it from kindergarten to first grade, oops
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Aptly put
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Wait, you’re an attorney in Poland?
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But Rufo or Barro or whoever says bluesky is just a pinko bubble of agreement, so who can really say
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Dark
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Yup. To me, whether to wait now is a lot harder question than whether to file-without-competing-orders in the first place.
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I think it’s more accurate to say scotus hasn’t bothered justifying it, instead has treated it as if it were a boring little technicality instead of an impactful big deal. Shadow docket playbook.