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Will Baude

๐Ÿ‘ค Speaker
1738 total appearances

Appearances Over Time

Podcast Appearances

Divided Argument
The Marshal and the Margarine

So the application in this case, which is filed by the government, and it was seeking a stay of lower court decisions that had a district court decision that had barred the president from.

Divided Argument
The Marshal and the Margarine

calling out the National Guard in Chicago.

Divided Argument
The Marshal and the Margarine

The government was seeking to stay that decision.

Divided Argument
The Marshal and the Margarine

Application seeking that relief was filed October 17th of last year.

Divided Argument
The Marshal and the Margarine

And then, you know, it becomes fully briefed.

Divided Argument
The Marshal and the Margarine

Later in the month of October, the court asked for supplemental relief.

Divided Argument
The Marshal and the Margarine

to be filed sort of by mid-November.

Divided Argument
The Marshal and the Margarine

That supplemental briefing was completed November 17th.

Divided Argument
The Marshal and the Margarine

And then more than a month later, we finally get the decision from the court.

Divided Argument
The Marshal and the Margarine

This is a decision refusing to stay.

Divided Argument
The Marshal and the Margarine

So it's a decision against the government, refusing to stay, lower court decision, barring

Divided Argument
The Marshal and the Margarine

the president from calling out the National Guard.

Divided Argument
The Marshal and the Margarine

And so in that situation, you can sort of see in retrospect why the court wasn't feeling any need to rush, right?

Divided Argument
The Marshal and the Margarine

Because the court's order was not going to change anything.

Divided Argument
The Marshal and the Margarine

The court was just going to say-

Divided Argument
The Marshal and the Margarine

The thing that's in place can stay in place.

Divided Argument
The Marshal and the Margarine

And importantly, the court had denied that administrative stay while this was pending.

Divided Argument
The Marshal and the Margarine

But I mean, it is a good example of why, of the, of the argument that, that we've discussed, why emergency docket is perhaps not the right name.