Dan Epps
👤 SpeakerAppearances Over Time
Podcast Appearances
dissenting from things that haven't happened but i take it nobody could stop gorsuch and alito from dissenting yeah dissenting from the refusal to issue a decision right or statement and then of course justice gorsuch would make it seem like shenanigans were happening so it's it's awkward yeah also i think this is supposed to i mean this is so i think the holding the advance is supposed to do two things it's supposed to send a message to the lower courts right this is not necessarily okay you should think pretty carefully whether you want to grant a preliminary injunction here
Because there's at least some implication that the reason the court gives for not doing anything is because it's going to expire anyway, which suggests that if it's not going to expire, we might do something. And I think it means just procedurally, the court is now poised to act. Without requiring further filings or just with requiring minimal further filings? I think possibly no further filings.
Because there's at least some implication that the reason the court gives for not doing anything is because it's going to expire anyway, which suggests that if it's not going to expire, we might do something. And I think it means just procedurally, the court is now poised to act. Without requiring further filings or just with requiring minimal further filings? I think possibly no further filings.
I think if the district court today or tomorrow issues a preliminary injunction, and the preliminary injunction hearings today, that's my understanding, I think the court could immediately stay it if it wants to. They can wait for the SG to ask them to stay it, but I think they could just act. So they need to be formally notified about what's going on. I mean, I don't know if they do.
I think if the district court today or tomorrow issues a preliminary injunction, and the preliminary injunction hearings today, that's my understanding, I think the court could immediately stay it if it wants to. They can wait for the SG to ask them to stay it, but I think they could just act. So they need to be formally notified about what's going on. I mean, I don't know if they do.
I assume there will be a letter, but I'm not even sure it's necessary. They can take judicial notice of another court's order, I think.
I assume there will be a letter, but I'm not even sure it's necessary. They can take judicial notice of another court's order, I think.
Yeah. It's also just interesting, again, since this is the first of what I think is going to be many Trump TRO cases, it's just an interesting message generally about these. And then, of course, it's literally a non-message, right? Yeah. We're doing nothing for no reasons. Yeah.
Yeah. It's also just interesting, again, since this is the first of what I think is going to be many Trump TRO cases, it's just an interesting message generally about these. And then, of course, it's literally a non-message, right? Yeah. We're doing nothing for no reasons. Yeah.
I'm going to do a lot of held in the bands. No, your request for a meeting is held in the bands. Well, we've got a case about that, right? Indeed. In talking about in a minute. Yeah. I think both signals, like the court is watching these things. They're not rushing into it. They're a little worried about the procedural posture. If you want to be sure to get the court's attention. Yeah.
I'm going to do a lot of held in the bands. No, your request for a meeting is held in the bands. Well, we've got a case about that, right? Indeed. In talking about in a minute. Yeah. I think both signals, like the court is watching these things. They're not rushing into it. They're a little worried about the procedural posture. If you want to be sure to get the court's attention. Yeah.
it's not going to just breeze past the appealability of a TRO problem, but it's not gonna, you know, do nothing either.
it's not going to just breeze past the appealability of a TRO problem, but it's not gonna, you know, do nothing either.
Right. So if I go to a police officer and tell them, like, Dan, Jay walked last year, they can't arrest you for it. without watching you to see if you jaywalk again.