A collection of the most salient exchanges from Wednesday’s bombshell hearing in which the Justice Department reversed course and said it had been “instructed” to try to get the citizenship question back on the 2020 census:
That says it all, doesn’t it?
As I read this, it appears that the Justice Department is attempting to respond to a tweet by the President directing them to find a way to defy the Supreme Court, and the only idea the Justice Department has at this point is to ask the Supreme Court to issue an advisory opinion, which the Supreme Court does not do.
Wow…this is just a hot mess…even for Trump!
Behold a man seriously questioning his life choice to go to law school.
Also, as always, don’t screw with a federal judge.
More like questioning his career path
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The fireworks are sure to come a day early.
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Tomorrow would be a good day to reflect on and remind your friends and neighbors that we fought a revolution to get out from under the reign of a mad king.
Well, thanks for rubbing it in.
So, I’m no lawyer, but it seems to me that the DOJ is asking the Supreme Court to advise them on how to defy the Supreme Court?!?
I mean, am I taking crazy pills here or is that what’s really going on?
Like x 1000
The problem is that the SC basically invited them to do a work around. Why in the world this President and his team don’t have to follow the usual court proceedings is beyond me. The case was sent back to the lower courts. That’s where it should go…let them have testimony/arguments. But wait, King Donnie says…i don’t have to go through the usual proceedings.
If the SC allows this travesty, why have them? Just say Donnie gets what Donnie wants…who cares what the law is or what the truth is.
Even Roberts will scoff at that. “Ha! See you in September, Beloved Leader.”
Bottom line is that judge found, and everyone agreed, Commerce is still enjoined, by more than one court, from trying to add the question to the census form and that if Justice doesn’t stipulate that the issue is done and over by Friday, 2:00 he’s going to fast track the equal protection clause claim. (i.e. 35 days or so). By which time, the question will be moot.
Other bottom line is that the DoJ lawyers were left just completely talking out of their asses and sending “sorry, your honor but my client is a cretin who has asked me to do ridiculous, impossible things” signals.
IANAL, but my understanding of the case is that the SCOTS left some hints about how to get around the ruling in their decision. It looks like the hints weren’t heavy enough. The DOJ lawyers are so terrified of going back to Donnie with another defeat, that they want Roberts to make it crystal clear this time, what they have to do to ram this thing through with SCOTUS approval.
As someone else mentioned above, I don’t think the court works that way. You don’t get a pre-approved roadmap to a decision in your favor.
Yes, but–and most people who are reporting on this don’t seem to understand this–the “workaround” option is illusory. It would require an entire redo of the rule-making proceeding under the Administrative Procedures Act (“APA”). They can’t just try to paste an entirely new pretext, er, rationale, onto the record of the old rulemaking proceeding and ask the courts to review it as if that had been the rationale all along. Because that’s not how this works. That’s not how any of this works.
They cannot possibly get that done in time to meet the statutory and constitutional deadlines.