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Marty Lederman @marty_lederman
, 6 tweets, 2 min read Read on Twitter
1/ I only wish Judge Furman weren't so vague and equivocal in offering his views of DOJ's actions. "Unless burdening Plaintiffs and the federal courts with make-work is a feature of Defendants’ litigation strategy, as opposed to a bug, it is hard to see the point."
2/ "To borrow from Camus, '[o]ne must imagine Sisyphus happy.'" "The words 'harm' and 'injury' do not appear anywhere in their motion . . . for good reason, as the notion that they—or anyone else—would suffer 'irreparable harm' without a stay is laughable."
3/ "Defendants’ motion makes so little sense, even on its own terms, that it is hard to understand as anything but an attempt to avoid a timely decision on the merits altogether." "If Defendants’ motion in this Court comes close to the
sanctionable line, [their CTA2] filing ...
4/ ... would sure seem to cross it." "Defendants’ motion is most galling insofar as it is premised on the suggestion that granting a stay would help conserve judicial resources. It is plainly more efficient for this Court to rule expeditiously."
5/ "If Defendants were truly interested in conserving judicial resources, they could have avoided burdening this Court, the Second Circuit, and the Supreme Court with twelve stay applications over the last eleven weeks that, with one narrow exception, ...
6/ ... have been repeatedly rejected as meritless. Instead, Defendants would have focused their attention on the ultimate issues in this case, where the attention of the parties and the Court now belongs."

"Enough is enough."

assets.documentcloud.org/documents/5205…
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