UPDATE: I now have a copy of the actual order (thank you, Brian Brooks!) And w…

Category: Anne P. Mitchell, Es


UPDATE: I now have a copy of the actual order (thank you, Brian Brooks!) And while this is a stay, it also indicates that 6 of the 9 justices don’t think that Trump is meeting the burden of proving that he is ” “unable” with the regular military “to execute the laws of the United States.”

In other words, this is pretty darned big! It also suggests that the Supremes agree with the lower courts, although the case still has to make it’s way up to them for an actual deliberation and ruling on the merits.

Original post:

An example of how the media says it wrong (they declined to undo the stay, they didn’t actually say on the merits that he can’t) but an outstanding result nonetheless! It was a full court decision, 6 to 3, Thomas, Alito, and Gorsuch dissenting. 



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