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Jim Lewis's avatar

You’d think that when existing rules allow for a TRO or preliminary injunction, and when the party itself asks for this relief, there would be no need (and no basis) to invent a district court “administrative stay.” But hey, what do I know - I only worked for district court judges for 20-plus years. I guess we just lacked imagination.

Ian D. Volner's avatar

Did you ever have a District Court Judge who deliberately didn't decide a matter precisely to prevent a merits decision? That is what is going on here and it is not only at the District Court level; that is exactly what Alito is doing as well.

Michael R. Wyatt's avatar

The corruption is strong in this guy. To think that representing one of the parties in a series of litigation matters against the other party regarding the same topic would not give a reasonable person the appearance of partiality. . . It's time for a mandamus.

Michael's avatar

It's easy to have the impression that the "conservative" Justices do not care about procedure or precedent, and are just arbitrarily achieving the results that they want. I wonder if J. Barrett will continue to push for procedural propriety or will join her fellow conservative justices in anything-goes, results-oriented judging.

Ian D. Volner's avatar

Judge Barker's conduct is indefensible and an abuse of the rule of law and ---in its Nationwide reach---Constitution. What is far more disturbing is Alito's silence. Essentially, he has already decided the issue and is simply looking for a way to get his result into effect without engaging the other members of the Court. Alito evidently thinks that the Court's long standing requirement that there be at least 4 Justices to sustain a lower court stay does not apply to him.

Meredith's avatar

seems that the judges are taking a lesson from the djt 'how to stymie the legal system' book.

Thank you for bringing this to our attention and explaining what's going on