Oh COME ON—the "once we file" is pretty damn strongly implied. There's plenty of dumb in this administration without having to make up more.
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I mean, arguing with headlines is *always* my favorite thing. I think the article abundantly explains why I wrote it.
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As to that specific point, however, I also think differently, noted here:https://twitter.com/chrisgeidner/status/869973037403090944 …
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Eh, I don't think SCOTUS is so petty as to deny cert just because the government is publicly predicting that cert will happen.
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It's a lot more complicated than that. It has to do with the posture they're coming into the court already, and the underlying issues here.
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I think DOJ v much should be seeking to come to SCOTUS in as clean of a way as possible — & they want to avoid frustrating the judge in MI.
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That's just best-practices 101: tee up issues for cert cleanly, with min baggage (doctrinal or otherwise); & don't irk a fellow Art 3 judge.
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And yet. Here we are.
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Seems like they are counting their chicks before they hatch
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They've set up a back channel to the SCOTUS.
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