In the birthright citizenship cases, #SCOTUS has asked the challengers to respond to the Trump administration's emergency applications by 4:00 p.m. (ET) on Friday, April 4, i.e., three weeks from today.Explainer: this was an application for emergency relief. The trial courts have entered temporary injunctions. The DOJ wants to lift those instanter. The Supremes just told them: “We’re in a meeting. We’ll call you. Later.”
I've *never* seen such a long schedule. Methinks that's a signal (and a bad one for DOJ).
Does this mean the court majority doesn’t think the government is entitled to relief? Probably not at this stage of proceedings, but it’s no indicator of the future. The ordinary course of events is for the cases to be completed in the trial court, reviewed in the appellate courts, and then be reviewed in certiorari before the Supremes decide whether they should take it up. The issue then will be the substantive one of the 14th amendment, not the procedural one of grounds to bring an interlocutory appeal of a temporary injunction
The signal here is, the Court would really rather this went through the normal process. Which could leave those three injunctions in place for quite a long time (through trial, probably through appeals, probably while on appeal to the Supremes. And probably with each trial court and appellate court on different schedules, there won’t be another conjunction like this. Which might be an excuse for the Supremes to wait until all the cases are ready to reach them.
So this could take awhile…😈
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