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1. Embed this notice
   Laffy (gottalaff@mstdn.social)'s status on Friday, 16-May-2025 04:28:15 JST Laffy

   🤞🏼#SCOTUS 1/...

   Via Aaron Reichlin-Melnick:

   I don't know if this is just my own biases but this does not seem to be going well for the DOJ.

   Paraphrasing...
   Kagan: Assume this is completely illegal EO. How do the courts actually stop it?
   Govt: Certify a class action.
   Kagan: You'll argue there's no class to certify under FRCP.
   Govt: Yeah true.
   Kagan: So how else?
   Govt: Have every individual affected sue.
   Barrett: Seriously?

   • Embed this notice
     der.hans (lufthans@mastodon.social)'s status on Friday, 16-May-2025 04:28:05 JST der.hans

     in reply to

     @GottaLaff Roberts wants each citizen to individually defend each civil right all the way up to the Supreme Court

     Then we have to do it again to see if we still have civil rights on Tuesdays as well as on Wednesdays

   • Embed this notice
     Laffy (gottalaff@mstdn.social)'s status on Friday, 16-May-2025 04:28:06 JST Laffy

     in reply to

     8/ Vladeck, cont'd:

     To be clear, it’s not that there are five votes to *uphold* Trump’s patently unlawful and unconstitutional limits on birthright citizenship; it’s that there seem to be five votes to hold that district courts can grant relief only to plaintiffs—so the policy would go into effect against all others.

     Steve's Place repeated this.
   • Embed this notice
     Laffy (gottalaff@mstdn.social)'s status on Friday, 16-May-2025 04:28:07 JST Laffy

     in reply to

     7/ 🚨 #SCOTUS

     Via Steve Vladeck:

     Even though Solicitor General Sauer has been raked over the coals, it’s hard to see who the fifth vote is to deny the government’s applications here.

     I didn’t hear *any* real skepticism from the Chief Justice or Justice Kavanaugh, and we already know where Thomas, Alito, and Gorsuch stand.

     Sigh.

   • Embed this notice
     Laffy (gottalaff@mstdn.social)'s status on Friday, 16-May-2025 04:28:09 JST Laffy

     in reply to

     6/ Malor:

     SG Saur says this is a case that "cries out for percolation."

     Nobody pushes back, but the push back is WHY? WHAT INDIVIDUAL CHARACTERISTICS NEED INDIVIDUAL CASES? THE WHOLE EO IS UNCONSTITUTIONAL. NO PERCOLATION NEEDED

   • Embed this notice
     Laffy (gottalaff@mstdn.social)'s status on Friday, 16-May-2025 04:28:10 JST Laffy

     in reply to

     5/ Keep 'em coming

     Via Anthony Michael Kreis:

     Kagan: I am suggesting in a case where the government is losing constantly... if I were in your shoes, there's no way I'd approach the Supreme Court with this case.

     oof.

   • Embed this notice
     Laffy (gottalaff@mstdn.social)'s status on Friday, 16-May-2025 04:28:11 JST Laffy

     in reply to

     4/ EXCUSE ME?

     Via Melissa Murray:

     Chief Justice John Roberts: "In recent years, we've been able to move expeditiously [to resolve pressing matters]."

     Me: STARES IN TRUMP V. UNITED STATES

   • Embed this notice
     Laffy (gottalaff@mstdn.social)'s status on Friday, 16-May-2025 04:28:13 JST Laffy

     in reply to

     3/ Via Gabriel Malor:

     Whoa, whoa, whoa. Justice Alito gives SG Saur a layup on whether state plaintiffs have standing and class certification would solve the problem of universal injunctions and he says it would grant "broad relief," and Alito still doesn't like it. "So your answer is 'no.'

   • Embed this notice
     Laffy (gottalaff@mstdn.social)'s status on Friday, 16-May-2025 04:28:14 JST Laffy

     in reply to

     2/ Keep 'em coming

     #SCOTUS

     Via Klasfeld:

     This was quite a moment:

     Barrett indignantly handed Kagan an assist after Sauer’s nonanswer to Kagan’s question.

     Lee Kovarsky:
     
     ACB big tell: "Are you really going to" answer EK that way, that you have to run through a bunch of lower court cases that certify classes.