The boy, known as John Doe, will be allowed to use the boys' restroom while litigation proceeds. Also: About the administrative stays Chief Justice Roberts is giving Trump.
"Emergency" or "Shadow" Docket orders were discussed in Stephen Colbert's interview with Justice Sotomayor last night, including the lack of a reason. Helpful for the national conversation, perhaps.
I wonder: Don’t these “administrative stays” foreshadow (execrable pun intended) a bias on the Chief Justice for Trump’s actions? If he accepts Trump’s word (without evidence) invariably, then how can he not favor Trump in the future invariably?
The giveaway is that the Trump administration has been routinely making affirmative requests for "administrative" stays. The ostensible purpose of an administrative stay is for the convenience of the COURT, to freeze everything for a day or two until the judges have time to read the briefs and understand the issues. Even in that context, it's a practice that some courts have abused. But when one of the litigants is asking for the stay irrespective of whether the court needs it or not, it's obviously what they really mean is that they want a stay without showing that they meet the preconditions for the ordinary kind of stay.
“If a single justice can grant an administrative stay in a case in which the outcome would require overturning or at least eviscerating a 90-year-old precedent, when would an administrative stay not be justified? There is no likelihood of success under current precedent. How can there be any relief — whether called administrative or anything else — from a single justice?”
All of a sudden this SCOTUS has (and follows) "standards applicable for obtaining emergency relief from [the] Court?" I didn't get that memo. Not that I'm ungrateful for this tiny bit of good news but it's actually puzzling.
I’m guessing his colleagues on the right were tired of the drama and just gave him the green light to issue these. Soon we will start to see them in death penalty cases.
"Emergency" or "Shadow" Docket orders were discussed in Stephen Colbert's interview with Justice Sotomayor last night, including the lack of a reason. Helpful for the national conversation, perhaps.
I wonder: Don’t these “administrative stays” foreshadow (execrable pun intended) a bias on the Chief Justice for Trump’s actions? If he accepts Trump’s word (without evidence) invariably, then how can he not favor Trump in the future invariably?
"Could there ever be a circumstance in which the Trump administration would not get an administrative stay?"
Maybe, Chris, but I can't think of one
The giveaway is that the Trump administration has been routinely making affirmative requests for "administrative" stays. The ostensible purpose of an administrative stay is for the convenience of the COURT, to freeze everything for a day or two until the judges have time to read the briefs and understand the issues. Even in that context, it's a practice that some courts have abused. But when one of the litigants is asking for the stay irrespective of whether the court needs it or not, it's obviously what they really mean is that they want a stay without showing that they meet the preconditions for the ordinary kind of stay.
Does the court have any remaining credibility? Not in my eyes.
Nor in mine
Credibility? *This* "supreme" court!? Hahahahaha! scotus credibility cratered to zero a long time ago.
“If a single justice can grant an administrative stay in a case in which the outcome would require overturning or at least eviscerating a 90-year-old precedent, when would an administrative stay not be justified? There is no likelihood of success under current precedent. How can there be any relief — whether called administrative or anything else — from a single justice?”
Good fucking point.
All of a sudden this SCOTUS has (and follows) "standards applicable for obtaining emergency relief from [the] Court?" I didn't get that memo. Not that I'm ungrateful for this tiny bit of good news but it's actually puzzling.
I’m guessing his colleagues on the right were tired of the drama and just gave him the green light to issue these. Soon we will start to see them in death penalty cases.
Two legal shockwaves you can’t ignore: ICE profiling—and Trump’s IEPA tariffs at SCOTUS
https://dailylegalbrew.substack.com/p/inside-ice-detention-and-trump-tariffs?r=6g2lxt