🔥🔥🔥WHOA...I just now am seeing Judge Hendrix's scathing order chastising the ACLU for its effort to engage in ex parte communications with the Court. 1/
3/ Court begins by saying ex parte communications are a no-no, with some limits...
4/ But ACLU lawyer's voicemail didn't meet that narrow exception AND court already said you need to explain why you don't need to notify government.
5/ Here's transcript. Note how ACLU spins what government said about removals: It spoke ONLY of not removing two petitioners & Court in denying TRO noted that two petitioners couldn't seek relief on behalf of others, where petitioners didn't need relief. storage.courtlistener.com/recap/gov.usco…
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🚨🚨🚨Another federal judge entered another injunction trumping the Trump Administration's executive authority. The D.C. Circuit has already stayed similar injunctions holding claims must go to the Court of Claims. Here we have that plus employment disputes. 1/
2/ Not only does the Court seek to control operation of Voice of America, it is requiring the Trump Administration to report in on a monthly basis on its operations. Trump Administration's brief highlights the many reasons Plaintiffs' claims fail. storage.courtlistener.com/recap/gov.usco…
3/ To illustrate how out of bounds this order is, the court ordered the reinstatement of those with personal service contracts even though those contracts provide they can be terminated with 15 days notice.
If you've been following the machinations of the Alien Enemies Act case that SCOTUS intervened in in the midnight hours, @JoshMBlackman has written several must-read pieces @reason. I've agreed with nearly everything, but disagree on this point: 1/
2/ While I could see the clerk telling SCOTUS clerk 5th Circuit judges had stated opinion would be issued shortly, I doubt that the clerk would have said anything on merit because the clerk of the court likely didn't know.
3/ This isn't the same as a law clerk who is involved in discussions & drafting with judge, but the clerk who handles the mechanics of court. That clerk would be told an opinion was coming because they'd need him to be ready to process but had no need to know substance.
🚨🚨ACLU files reply in SCOTUS re Alien Enemies Act and asks SCOTUS for an advisory opinion in response to an application for which there has been no lower court decision and with no plaintiff. Un. Rea.
2/ Oh, and then asks SCOTUS to take case without any decision.
3/ This is false: DOJ expressly stated it gave notices in native language if they didn't speak English.
🚨🚨🚨Justice Alito's dissenting statement in Alien Enemies Act case dropped late yesterday or early this morning. After detailing how SCOTUS ignored controlling law, he closed with profound point: "Both the Executive and the Judiciary have an obligation to follow the law." 1/
3/ Justice Alito's closing paragraph concisely chastised not merely SCOTUS but lower courts for doing what Left has been screaming that Trump is supposedly doing...ignoring the law