Shipwreckedcrew
@shipwreckedcrew
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I love all the press coverage tonight of CJ Roberts' order from about 10:00 pm ET.

All the usual suspects -- AP, Reuters, ABC, etc., all refer to it as a "temporary" hold on the order that the Court entered.

No. The Orders are "Stayed" pending further order of the Court.

If the CJ Roberts thought the District Judge was within his authority to order the Executive to spend specific amounts on money on specific grants/contracts on or before midnight tonight, he could have simply done nothing.

Instead he said the Admin need not comply with the Order. //

Shipwreckedcrew
@shipwreckedcrew
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So CJ Roberts steps in around 10:00 and issues a stay on the Order to Enforce His TRO entered by Judge Amir Ali in DC -- a District Court judge for all of 90 days.

Judge Ali's TRO had commanded that the Executive

While the "merits" of the withholding might be subject to some legitimate legal debate, when a higher court -- or the Chief Justice -- steps in so abruptly there is very often a key issue that the lower court judge is simply ignoring in his haste to "do right" -- and I think that is the problem here. The District Court lacks jurisdiction to entertain the claim or provide the relief requested -- whether the plaintiffs are entitled to it or not. Judge Ali brushed off the questions about jurisdiction in his fit of pique over what he saw as DOJ non-compliance with his Order. But there is a truism that all federal civil litigators know -- one that never occurs to legal reporter: "Jurisdiction is always at issue.". //

Has the Supreme Court finally gotten fed up with courts setting executive-branch policies? Based on last night’s intervention by Chief Justice Supreme Court John Roberts, the answer could be yes.