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Abhi Kambli Profile picture
Abhi Kambli
@AbhiKambli1984
Partner at Holtzman Vogel. Former Trump 47 senior DOJ official, Kansas Deputy Attorney General and federal prosecutor...
Jun 27 • 11 tweets • 3 min read
The second case I’ll cover is Mullin v. Doe, which involves the elimination of the TPS designation. The legal answer was very easy in this one. But it does raise two points worth discussing: (1) the absolute disrespect lower courts have shown to SCOTUS and (2) the administration’s patience with lower courts.Image First, the statute that grants TPS status requires periodical reexamination to determine whether the temporary status should be extended. Prior administrations have effectively rubber stamped extensions which is how people have been here decades through TPS. Not this one.
Jun 19 • 4 tweets • 1 min read
The ripple effects of SFFA are still occurring in state courts around the country. This was an easy decision because SFFA held you can’t discriminate on the basis of race especially for amorphous reasons such as diversity. The next shoe to drop will likely be workplace DEI under Title VII. Let’s discuss. If a government is treating someone differently based on race, it must satisfy strict scrutiny under the Equal Protection Clause. This involves a compelling government interest and narrow tailoring to meet it. It used to be that diversity qualified as that compelling interest. Not after SFFA.
Jun 18 • 5 tweets • 1 min read
A busy legal news day with a huge decision from CA9 that allows the president to exclude several agencies from unionizing. What’s especially important is the court’s holding on First Amendment retaliation that could have broader implications. I’ll explain below. One avenue that Plaintiffs have been utilizing to get courts to review otherwise unreviewable executive actions is raising a First Amendment retaliation claim. Judges have been more than happy to oblige by watering down the First Amendment’s retaliation standard.
Jun 17 • 7 tweets • 2 min read
I can say that in my 13+ years of practice I have never seen anything like this. From the court’s opinion (and keep in mind this is about letting murderers out of jail): “Again and again the DAO has made unreliable concessions unsupported by the facts and law. And when conceding relief, the DAO has repeatedly lacked candor to the court,misrepresented facts, failed to conduct adequate investigations, and inexplicably dodged necessary evidentiary hearings.” Let’s discuss. First, the issue is a state post conviction relief statute that allows certain defendants who are wrongfully convicted to get relief. What happened here is the Philadelphia DA’s office under Larry Krasner’s abused it by repeatedly making misrepresentations to the court.
Jun 16 • 4 tweets • 1 min read
The saga of Judge Eleanor Ross takes another intriguing turn this time providing DOJ a victory in her recusal motion. Those keeping track are likely aware of in chamber affairs that spawned the initial scrutiny. This motion was based on her attending Fani Willis election party. This is significant because it is a case where DOJ is seeking election records. Obviously a friendship with someone prosecuting President Trump in relation to the 2020 election would cast serious doubts on her objectivity. This was the right move. But it raises other questions.
Jun 13 • 6 tweets • 2 min read
On top of judges ignoring the limits on their jurisdiction, a huge problem has been the inability of the judiciary to police itself. Here, the first time Judge Merriam got into trouble for treating her clerks harshly she was let off with little punishment. Then it happened again. This time the Second Circuit took the right steps to address the misconduct right? Wrong. It concluded, “The December 2023 order shall remain in effect and is
reinforced pursuant to the terms outlined below, concluding this complaint.” The judge’s name was left off the order.
Jun 12 • 6 tweets • 2 min read
UFC fans (me included) can breathe a huge sigh of relief as sanity prevails in DDC, where a judge allowed the fights to continue. This case presented absurd aesthetic standing theories that left Judge Mehta no choice but to deny TRO. Let’s break down precisely how absurd it was. To get into court in the first place a Plaintiff must show they’re injured by what’s happened. Here the claim was an aesthetic injury that viewing the structures associated with the UFC event will diminish their personal enjoyment of the WH and Lincoln Memorial.
Jun 11 • 10 tweets • 2 min read
Huge decision from the federal circuit granting a stay of the Court of International Trade’s injunction of the Section 122 tariffs pending appeal. This issue has a lengthy history and I’ll summarize how we got here, what the court did and what it means. As you may recall earlier this year, SCOTUS struck down President Trump’s tariffs under IEEPA. The decision is complicated but it ultimately boils down to the statute the administration utilized for this authority did not authorize the tariffs.
Jun 3 • 6 tweets • 2 min read
The first case I’ll break down is Talbott v. United States (the Hegseth policy case) at the DC Circuit. Since this is a case I personally argued I will refrain from providing opinion commentary and focus on what the court said. Image First, Judges Wilkins and Rogers decided the Hegseth policy should be enjoined as it pertains to currently serving members based on animus but limit the injunction to the named plaintiffs in the case.