"shadow docket remains a powerful tool the Trump administration can use in ways that other administrations — and certainly other parties — would never be able to get away with"
Prof. Vladeck's book shows how the shadow docket changed significantly during the first Trump Administration. It is a question significantly about personnel. Tweaking without dealing with the personnel is unlikely to do much. Long-term, major changes need to be made.
Can't wait to see what KBJ has to say about this. Sauer clearly directed the filing in the district court. I don't know what he did prior to being engaged by Trump, but he is just evil.
The conservatives are fine with firing Gwynne Wilcox - not surprisingly an African American woman - by shadow docket with the unstated plea, “Please don’t fire me!”
Did anyone notice how Solicitor General Sauer asserts in the excerpt that these were "criminals" and "criminal aliens" and that they were given timely notice of their removal with a “meaningful opportunity” to raise a fear of torture in that country. Based on my limited knowledge of the case (from reading articles and Substack columns), I don't believe the government provided any documentary evidence to the Court showing that these men were given prior written notice nor afforded due process including the right to defend themselves in a court of law and despite their defense, convicted of a crime (unlike SG Sauer's boss).
It will be interesting to see how the High Court responds given the record to date. Just wish we could deport Trump, Sauer, and the entire Republican Party to South Sudan.
Leah Litman in her new book, Lawless, says that essentially Roberts and the other Republican justices are there to implement Republican policies. So it makes sense that they would uphold the firing of the two members of "independent" agencies, because when the case is ultimately litigated oin their court, they intend to strike down the precedent of the Humphrey's ruling.
Sauer didn't file in 1st Cir., or anywhere. The plaintiff filed where the plaintiff resides. But CPB/DHS tries to move all their detainees quickly to TX or LA, so they have a better assortment of judges.
"shadow docket remains a powerful tool the Trump administration can use in ways that other administrations — and certainly other parties — would never be able to get away with"
Prof. Vladeck's book shows how the shadow docket changed significantly during the first Trump Administration. It is a question significantly about personnel. Tweaking without dealing with the personnel is unlikely to do much. Long-term, major changes need to be made.
Can't wait to see what KBJ has to say about this. Sauer clearly directed the filing in the district court. I don't know what he did prior to being engaged by Trump, but he is just evil.
The conservatives are fine with firing Gwynne Wilcox - not surprisingly an African American woman - by shadow docket with the unstated plea, “Please don’t fire me!”
Did anyone notice how Solicitor General Sauer asserts in the excerpt that these were "criminals" and "criminal aliens" and that they were given timely notice of their removal with a “meaningful opportunity” to raise a fear of torture in that country. Based on my limited knowledge of the case (from reading articles and Substack columns), I don't believe the government provided any documentary evidence to the Court showing that these men were given prior written notice nor afforded due process including the right to defend themselves in a court of law and despite their defense, convicted of a crime (unlike SG Sauer's boss).
It will be interesting to see how the High Court responds given the record to date. Just wish we could deport Trump, Sauer, and the entire Republican Party to South Sudan.
Today in the Abrego Garcia case Judge Xinis also denied the government's request for an extension of time to file its answer, which was due today.
And in New Mexico v. Musk, Judge Chutkan denied motion to dismiss as to Musk, DOGE and Temp DOGE, but granted as to Trump.
Leah Litman in her new book, Lawless, says that essentially Roberts and the other Republican justices are there to implement Republican policies. So it makes sense that they would uphold the firing of the two members of "independent" agencies, because when the case is ultimately litigated oin their court, they intend to strike down the precedent of the Humphrey's ruling.
I'd agree that is their intention; I hope they find they will not have enough votes to do that.
Why would Sauer file in
the 1st Circuit knowing
KBJ will get it and most
likely eviscerate it? Why
not the 5th and Alito?
Going to be interesting.
Sauer didn't file in 1st Cir., or anywhere. The plaintiff filed where the plaintiff resides. But CPB/DHS tries to move all their detainees quickly to TX or LA, so they have a better assortment of judges.
You didn’t even mention the “Maine stay” haha). Or maybe you covered it last week. They really seem to have thrown any kind of standards to the winds.