Will Bode

Well, that I mean, so that's the reason you'd expect them to want to stop this practice is because once there's a nationwide injunction against a major federal program, it's very hard for the Supreme Court not to review it. And one thing the Supreme Court generally likes is being able not to do things it doesn't want to do. They like their assert discretion.

Well, that I mean, so that's the reason you'd expect them to want to stop this practice is because once there's a nationwide injunction against a major federal program, it's very hard for the Supreme Court not to review it. And one thing the Supreme Court generally likes is being able not to do things it doesn't want to do. They like their assert discretion.

They like the ability to say, oh, gee, that's an interesting question. I don't want to have to think about. So you would think they would want more of an ability to stop random district courts from forcing things onto their docket. But so far, they seem to be willing to do it.

They like the ability to say, oh, gee, that's an interesting question. I don't want to have to think about. So you would think they would want more of an ability to stop random district courts from forcing things onto their docket. But so far, they seem to be willing to do it.

Yeah, again, so without the nationwide injunctions, they can still always decide to take cert and they can decide on their own timeline. Okay, we're ready to dive into this one. We'd like more time. And it's just a little harder. And maybe they can do more things like this, where district court grants a nationwide injunction. They stay it. It'll now work its way through the Fifth Circuit.

Yeah, again, so without the nationwide injunctions, they can still always decide to take cert and they can decide on their own timeline. Okay, we're ready to dive into this one. We'd like more time. And it's just a little harder. And maybe they can do more things like this, where district court grants a nationwide injunction. They stay it. It'll now work its way through the Fifth Circuit.

Maybe the new administration has a different view about the Corporate Transparency Act and won't even appeal it. We don't know. So maybe this will be the new equilibrium is that there's a presumptive stay of every nationwide injunction unless the court doesn't want to.

Maybe the new administration has a different view about the Corporate Transparency Act and won't even appeal it. We don't know. So maybe this will be the new equilibrium is that there's a presumptive stay of every nationwide injunction unless the court doesn't want to.

Yeah, and I think – so there have been a request to the court to hold and abeyance the briefing schedule in four cases. I think in part the theory is that the SG's office needs time to talk to the rest of the administration and just figure out – How much is the EPA planning to change what they were doing before?

Yeah, and I think – so there have been a request to the court to hold and abeyance the briefing schedule in four cases. I think in part the theory is that the SG's office needs time to talk to the rest of the administration and just figure out – How much is the EPA planning to change what they were doing before?

How much is the Department of Education planning to change what they were doing before? So they sort of – they need time for the client, so to speak, to formulate its positions and the SG can formulate its position. But I think those are just the four that are ongoing. I think the – they've also sent a note about some of the ongoing litigation about the constitutionality of the Voting Rights Act.

How much is the Department of Education planning to change what they were doing before? So they sort of – they need time for the client, so to speak, to formulate its positions and the SG can formulate its position. But I think those are just the four that are ongoing. I think the – they've also sent a note about some of the ongoing litigation about the constitutionality of the Voting Rights Act.

I think we can expect a change. Yeah. Um, and then I think what to do about the pending cases is also on the table, but they've got a lot of paperwork cases that have already been argued.

I think we can expect a change. Yeah. Um, and then I think what to do about the pending cases is also on the table, but they've got a lot of paperwork cases that have already been argued.

So the Biden administration, when they took over, in some cases what they did is they just sent a letter saying, we're not going to file a new brief, but you should know we don't agree with the brief that we used to file and we now agree with the other side.

So the Biden administration, when they took over, in some cases what they did is they just sent a letter saying, we're not going to file a new brief, but you should know we don't agree with the brief that we used to file and we now agree with the other side.

Or just sort of identifying their new position for the record, but without actually going to the trouble to write a new brief, which is another option they have.

Or just sort of identifying their new position for the record, but without actually going to the trouble to write a new brief, which is another option they have.

Uh, yeah, I think probably the big, I think we'll see a lot shaking out over the course of the next month or two. I mean, the other question is how much acting SG, uh, deputy SG Sarah Harris is, you know, how much she's going to do and how much she's trying to sort of keep everything warm for John Sauer, who will presumably be confirmed to be SG, uh, pretty soon.

Uh, yeah, I think probably the big, I think we'll see a lot shaking out over the course of the next month or two. I mean, the other question is how much acting SG, uh, deputy SG Sarah Harris is, you know, how much she's going to do and how much she's trying to sort of keep everything warm for John Sauer, who will presumably be confirmed to be SG, uh, pretty soon.