#SCOTUS, in per curiam decision, tosses Hernandez v. Mesa back to the Fifth Circuit without resolving much of anything.
And the pt of that tweet was — as it said — that "beyond" the concur/dissent, there were issues w claiming unanimity from a per curiam.
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When I asked DOJ where this intern came from, this is what they said:https://twitter.com/chrisgeidner/status/879391573833854977 …
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*interp, not intern
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And that's not right. A per curiam order need not be unanimous.
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I agree that the DOJ/Trump may be misinterpreting what a per curiam order means, but this per curiam was unanimous.
End of conversation
New conversation -
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Yet we know that the decision was 9-0...let's not split hairs here...
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The thread goes on and the story's been updated.