FDR appointed Hugo Black because he was a "thumping, evangelical New Dealer." Why can't Trump want a "thumping, evangelical MAGA warrior"?
And that is the problem.
Do you really think Justices Thomas and Alito would prefer another Justice Barrett?
With the death of the blue slip, can the President just fill vacancies with the best available candidate?
The District Court succeeded its TRO with a PI, rendering the government's application moot.
Did she even read the 72-page complaint, 59-page motion for a TRO, and two-dozen exhibits?
A guest post from Professor Seth Chandler.
The Court "hand[s] the President the most unitary, meaning also the most subservient, administration since Herbert Hoover (and maybe ever)."
In the span of a single day, Chief Justice Roberts continues his attempts at moderation for the sake of moderation without any actual reasoning.
And we still do not know exactly why ACB recused.
"[U]pon the filing of a Petition for Writ of Habeas Corpus . . . the Government/Respondents, including all those acting for them or on their behalf, are ENJOINED and RESTRAINED from removing Petitioners in such cases from the continental United States"
Did Roberts really think he could lob bombs at the elected branches and face nothing in return?
"DACA and work authorization should be available to those renewing and those newly applying for DACA in the 49 states other than Texas"
KBJ found the representative's vote would not "impact the outcome" of any vote; ditto for KBJ's dissent.
Chief Justice Roberts and his colleagues owe Judge Hendrix an apology.
"I worry that the disrespect they have been shown will not inspire continued respect for the judiciary, without which we cannot long function."
"Justice Alito’s dissent gets it right: James Hendrix handled the Alien Enemies Act case commendably."
Our expectations must be much higher for the unaccountable Supreme Court than the popularly-elected President.
None of the usual rules will apply when the ACLU says there is an emergency.
The remedy would not involve Rule 23.
A response to questions from Justices Kagan and Barrett.
There are eight, and possibly nine votes against Trump on the merits. But the Court is far too fragmented on the injunction issue.
Presented at the Orlando Federalist Society Chapter.
Vance mentions Justices Thomas and Alito as exhibiting this courage, but none of the Trump appointees.
Nearly a month has elapsed since the ACLU's very good Friday.
If the Court's can't coalesce on a single rationale, we might see a redux of Department of Regents.
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