This language about curing "taint" from Abbott v. Perez seems tailor-made for a citation in travel ban opinion. "Presumption of legislative good faith" seems very similar to "presumption of regularity." J. Alito mentioned this point deliberately during his hand-down. #SCOTUS.
Similar sentiment from @dorfonlaw
"Meanwhile, I fear further inconsistency with respect to taint, perhaps as early as tomorrow or Wednesday, in the Court's anticipated ruling in the Travel Ban Case." #SCOTUSdorfonlaw.org/2018/06/at-sco…
Relatedly, Perez offers another way another way to rebut allegations of "taint" and animus: demonstrate that decision was motivated by desire to end "expensive and time consuming" litigation. This language will be cited in future litigation over #DACA rescission. #SCOTUS
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1/ Judge Hanen declined to issue a preliminary injunction in the DACA case, but strongly hinted he would issue a declaration that DACA was unlawful. This decision is perhaps the least chaotic approach to tee this issue up for prompt #SCOTUS review. scribd.com/document/38749…
2/ J. Hanen found he was not bound by the District Courts that previously issued nationwide injunctions. He's right. I made this point on @lawfareblog in May. The prior cases concerned legality of recission. Texas's case concerned legality of DACA itself lawfareblog.com/dueling-cosmic…
3/ Here is the crux of Judge Hanen's ruling. Texas failed today but will succeed on the merits
Breaking: Washington and eight other states have sought a TRO and prior restraint on information posted on the internet. Regardless of your opinions on gun control, this case would set a dangerous 1st Amendment precedent. I will argue the TRO today. scribd.com/document/38510…
We have filed a response to Washington's temporary restraining order. Their prior restraint violates the First Amendment, but it also cannot succeed on the merits: licensure decisions are not subject to APA scribd.com/document/38511…
At 1:30 ET, I will also be arguing a TRO in New Jersey State Court. The NJ AG has argued that posting information on the internet is a common law nuisance. Therefore, a state court of chancery can issue a global injunction against free speech. Our brief: scribd.com/document/38511…
1/ Divided 9th Circuit panel finds that 2nd Amendment "Second Amendment encompasses the right of a responsible law-abiding citizen to carry a firearm openly for self-defense outside of the home" documentcloud.org/documents/4616… - J O'Scannlain & Ikuta in majority. J Clifton in dissent.
2/ Panel distinguishes Hawaii case from Peruta (San Diego): "Young’s claim therefore picks up where Peruta’s left off and presents an issue of first impression for this circuit: whether the Second Amendment encompasses a right to carry firearms openly in public for self-defense."
3/ Judge Reinhardt has already issued a call for rehearing en banc from the great beyond.