I Stand By My Prediction: The Court Will Reargue the Case On The Merits And Duck The Procedural Issues
There is much to say about the oral argument yesterday in Trump v. CASA. For now, I stand by my prediction from Tuesday:
A few colleagues said I was wrong, and that the merits issue was not adequately briefed. I’m not so concerned. The Court can always restore the case to the docket for the fall and order supplemental briefing. Injunctions are in place now, so time is not of the essence.
Justice Gorsuch asked General Sauer, point blank, “How do you suggest we reach this case on the merits expeditiously?” Gorsuch asked NJ Solicitor General Feigenbaum , “how would you get the merits of this case to us promptly.” Gorsuch asked again, “I appreciate that. How do we get to the merits fast?”
I expect this case to be restored to the docket with argument in the fall. The Court could follow the timeline from Citizens United v. FEC. Recall that case was initially argued in March 2009. Malcolm Stewart (inf
Article from Reason.com
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