So when they sought emergency relief at 12:34 a.m. on April 18, Petitioners “were fully aware that the District Court intended to give the Government 24 hours to file a response.” A.A.R.P., 605 U.S. at _ (Alito, J., dissenting). They “said nothing about a plan to appeal if the District Court elected to wait for that response.” Id.
At 12:48 p.m. on April 18, however, Petitioners “suddenly informed the court that they would file an appeal if the District Court did not act within 42 minutes, i.e., by 1:30 p.m.” Id. //
This charge is worth exploring. To get to 14 hours and 28 minutes (rather than 42 minutes), the Court was obviously starting the clock at 12:34 a.m., rather than 12:48 p.m. (when Petitioners told the district court for the first time that they wanted a ruling before the Government could respond).
But starting the clock at 12:34 a.m. not only ignores the court’s express instructions respecting the Government’s right to respond. It also ignores the fact that the Court is starting the clock at—12:34 a.m.
We seem to have forgotten that this is a district court—not a Denny’s. This is the first time I’ve ever heard anyone suggest that district judges have a duty to check their dockets at all hours of the night, just in case a party decides to file a motion.
And then he adds the cherry on top:
If this is going to become the norm, then we should say so: District judges are hereby expected to be available 24 hours a day—and the Judicial Conference of the United States and the Administrative Office of the U.S.Courts should secure from Congress the resources and staffing necessary to ensure 24-hour operations in every district court across the country.
If this is not to become the norm, then we should admit that this is special treatment being afforded to certain favored litigants like members of Tren de Aragua—and we should stop pretending that Lady Justice is blindfolded. //
anon-fht2
4 minutes ago
The rationale for the Founders intentionally NOT Constitutionally requiring the other two branches to comply with the judiciary is playing out in real time. It is also apparent that the judicial insurrection by the district courts is bleeding over into the interactions between the lower courts, and between the lower courts and SCOTUS. Not in a good way either.
After reading the full response of the 5th Circuit appeals judge to the SCOTUS ruling, IMO Justice Roberts should be embarrassed that such a shoddy ruling by a SCOTUS court ever saw the light of day, much less received 7 votes of 9. It almost as if Justice Roberts wants a repeat of President Jackson’s response to a Marshal SCOTUS decision.
For the judicial branch, this seems like a slow motion catastrophe being played out with each new judicial “salvo” further undermining respect and trust for the judicial branch. Our Republic was in trouble enough with Congress and the Executive being viewed with disdain by most Americans. The Executive may regain some trust and respect under Trump, but the Judiciary had been more positively viewed than the other two branches, at least until this judicial insurrection against Trump began. Now the judiciary seems to being trying to outdo Congress for the level of earned contempt in which they are held, with SCOTUS attempting to show the way with this ruling.
IMO - YMMV
DemsShouldPayReparations Curmudgeon99
13 hours ago edited
"He is the worst Chief Justice in history, "
Really? Would you reconsider if you knew more facts?
Worse than Chief Justice Roger B. Taney. who wrote the Dred Scott decision, extending slavery in all States, which was one of the triggers for the Civil War?
