The correctness of a proposition of history is a fact issue. It really needs to be preserved in the record, rather than argued, or invented, for the first time when a matter reaches the US Supreme court. I've been saying this ever since Scalia had most of his hair.
KBJ raising an important point no one had mentioned yet: this is interim, preliminary relief! why is the US even HERE? what harm would it suffer by enforcing existing law as the cases are pending?? it's absurd
Exactly, and well said! I found a fantastic fellow attorney who writes amazingly, a new book to buy and read, and a heads up on how nutters this oral argument is going to be when I listen to it later tonight.
I fully agree w this attorney, Gtown Law's Kelsi Corkran, who is like, even if there are instances where nationwide injunctions are inappropriate, a facial challenge to a law that violates a fundamental right--meaning there are no circumstances under which this shit is legal--is not that instance!
? on the larger issue. News characterized this as extortion by the president. Obviously this DOJ is never going to assign a special prosecutor. As a means of deterrence, why aren’t blue states starting investigations of law firms for bribery? Not a lawyer, but extortion & bribery appear to be a coin
Kagan is following up on this + the catch-me-if-you-can problem, as KBJ put it
nationwide injunctions have been annoying for the Court when there are arguably complicated or fact-dependent questions that different judges may decide differently
here Trump's just wrong as hell and losing everywhere
👀 Corkran just pointed out going the class action route would mean some of the plaintiffs would have to come out here and identify themselves to a government that has been removing even legal residents
Over here, a case of this importance would get a week of oral “submissions.” The SG would have started on Monday morning & might not have been done before COB Tuesday or even later.
Comments
Why do babies have to percolate?
nationwide injunctions have been annoying for the Court when there are arguably complicated or fact-dependent questions that different judges may decide differently
here Trump's just wrong as hell and losing everywhere
Thank you!
And it would be live-streamed.