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re: Bogus NY Treasury Case: Judge took less than 4 hours to review 60 page complaint and rule
Posted on 2/11/25 at 7:10 am to IvoryBillMatt
Posted on 2/11/25 at 7:10 am to IvoryBillMatt
quote:
Do you know of ANY cases against the Biden Administration that replicate this situation?
If you make a question idiosyncratic enough, you can steer the answer to whatever you want.
They clearly judge/forum shopped, just like this injunction against Biden vax mandates. I didn't see the pearl clutching on here when that injunction dropped.
Oh I just thought of a new one:
Texas Court Issues Temporary Injunction Nationwide on BOI Reporting Requirements
That's from Money Talk but I know it had a thread on here, too. Google is just giving me that one.
Posted on 2/11/25 at 7:15 am to SlowFlowPro
SFP, how does an emergency appeal to SCOTUS work. Is it possible? Or does it have to go through the chain of appellate court? Thanks 

Posted on 2/11/25 at 7:24 am to Miner
I'm not a scholar on the Supreme Court in terms of this, but 99% of the time you'll have to go through your circuit first, if not more.
That's why you see so many injunctions against GOP orders from the west coast (9th Circuit) and so many ones against DEM orders from TX (5th Circuit).
I can look into it more, but as a rule you should imagine this as the typical district > appellate > USSC routine.
That's why you see so many injunctions against GOP orders from the west coast (9th Circuit) and so many ones against DEM orders from TX (5th Circuit).
I can look into it more, but as a rule you should imagine this as the typical district > appellate > USSC routine.
Posted on 2/11/25 at 7:25 am to TigerNAtux
quote:The DOJ was on it immediately, Sunday
Where is the DOJ?
Posted on 2/11/25 at 7:50 am to Miner
Not the other guy, but Rule 11 deals with taking an expedited appeal on a matter before the Court of Appeals. The Supreme Court can decide whether to grant cert and hear the case Supreme Court Rules
Procedurally, the case is still in the lower court. Feb 9 the court ordered the parties to confer and if no agreement was reached Trump/Bessent had to file their motion yesterday. That motion was filed Court Listener Docket. That motion would need to be disposed before filing an interlocutory appeal the the 2nd Circuit. Once there a Rule 11 motion could be made
Procedurally, the case is still in the lower court. Feb 9 the court ordered the parties to confer and if no agreement was reached Trump/Bessent had to file their motion yesterday. That motion was filed Court Listener Docket. That motion would need to be disposed before filing an interlocutory appeal the the 2nd Circuit. Once there a Rule 11 motion could be made
Posted on 2/11/25 at 7:50 am to SlowFlowPro
quote:
you make a question idiosyncratic enough, you can steer the answer to whatever you want.
Of course, litigants forum shop. I'm genuinely curious, though, if the "emergency filing" ruse to get a particular judge within a court with dozens of judges has been used before.
It's a clever abuse of the system. I don't blame the plaintiffs. I was angry that none of the media accounts I read about Judge Englemayer's order even mentioned the procedure. I had to put together the circumstances of the filing by looking at the SDNY docket myself.
Since that time, I see that posters here on the PoliBoard have linked useful social media discussions. It's one thing to find a favorable judge. It's another to find circumstances which suggest there might have been collusion among the selected judge and the plaintiffs.
Maybe there wasn't any collusion, but I think the American public needs to know.
Posted on 2/11/25 at 7:56 am to dukkbill
Thanks Dukk. Links were particularly helpful
Posted on 2/11/25 at 8:34 am to SlowFlowPro
quote:i followed your link in the above paragraph
They clearly judge/forum shopped, just like this injunction against Biden vax mandates. I didn't see the pearl clutching on here when that injunction dropped.
Biden’s mandate was announced in September 2021, set to go into effect in January 2022
The Senate voted to rescind it in December but the House refused to take it up
Feds for Medical Freedom v Biden was filed on December 21, 2021
Judge Brown issued his injunction a month later, on January 21, 2022
please explain to the class how this timeline compares with Englemeyer’s ex parte injunction four hours after the collection of blue state AGs filed suit against Trump and Bessent
Posted on 2/11/25 at 8:47 am to SlowFlowPro
quote:
If you make a question idiosyncratic enough, you can steer the answer to whatever you want.
What a strange way to say "I don't know of any cases against the Biden Administration that replicate this situation."
Posted on 2/11/25 at 8:49 am to IvoryBillMatt
Just like the NFL officials that know what penalty they’re calling before the play.
Posted on 2/11/25 at 8:53 am to Miner
It is being looked at by another court right now. Hoping we get an overturn today.
Posted on 2/11/25 at 8:56 am to FearlessFreep
quote:
please explain to the class how this timeline compares with Englemeyer’s ex parte injunction four hours after the collection of blue state AGs filed suit against Trump and Bessent
What does this have to do with forum shopping?

Posted on 2/11/25 at 8:57 am to imjustafatkid
quote:
What a strange way to say "I don't know of any cases against the Biden Administration that replicate this situation."
No I posted an adequate example of forum shopping

Posted on 2/11/25 at 10:20 am to IvoryBillMatt
Part (i) isn’t bogus.
It is standard practice to have training first before having access to personal information.
But if they are trained, then the order is non-applicable
Also, doge employees get assigned to be treasury staff and get same training then no more TRO for them either
Further, they can generate a new copy of the info probably instantly.
This is nothing more than a simple procedural issue. At least from what they have shown in the 2 subsections.
It’s possibly being overly interpreted but I didn’t read past.
Point is, give the doge team a quick compliance training on personal information (probably not a bad thing for 19 year olds on social media) and consulting appointments as treasury personnel and this TRO isn’t an issue
It is standard practice to have training first before having access to personal information.
But if they are trained, then the order is non-applicable
Also, doge employees get assigned to be treasury staff and get same training then no more TRO for them either
Further, they can generate a new copy of the info probably instantly.
This is nothing more than a simple procedural issue. At least from what they have shown in the 2 subsections.
It’s possibly being overly interpreted but I didn’t read past.
Point is, give the doge team a quick compliance training on personal information (probably not a bad thing for 19 year olds on social media) and consulting appointments as treasury personnel and this TRO isn’t an issue
Posted on 2/11/25 at 10:27 am to SlowFlowPro
quote:what does forum shopping have to do with the OP?
What does this have to do with forum shopping?
do you think forum shopping is the primary complaint of those here criticizing the injunction?
Posted on 2/11/25 at 11:23 am to SlowFlowPro
quote:Wait! The complaint was filed on a Friday evening as an "emergency" in order to secure a specific judge. The judge either had a predetermined ruling in mind or was notified in advance of the plan. Because he issued his ruling 4 hours from the time the 60 page complaint was filed. Clearly that is the stuff of Lawfare. Now if you want to argue "both sides do it" or sundry "whataboutisms," feel free. But system manipulation used to enable weaponization of law is absolutely Lawfare.
A poster calling this lawfare is icing on the cake
Posted on 2/11/25 at 11:37 am to SlowFlowPro
quote:
What does this have to do with forum shopping?
SFP, I am one of the few people who really do appreciate your input. I frequently agree with you on legal procedural issues and Constitutional matters.
For you to pretend our complaint is about ordinary forum shopping---in which all good litigators engage---however, is insulting.
You don't think the circumstances suggest possible collusion?
Posted on 2/11/25 at 11:42 am to SlowFlowPro
quote:
If you make a question idiosyncratic enough, you can steer the answer to whatever you want.
Okay let's get some stats then. How many times was this strategy deployed under Trump and Biden and what was the average time lapse from the initial executive order or action to the judicial block of it? Because anecdotally it seems like the left is far more effective at this.
Posted on 2/12/25 at 8:42 am to IvoryBillMatt
quote:
SFP, I am one of the few people who really do appreciate your input.

quote:I appreciate the candor, but that is exactly the kind of US legal system corrupt nonchalance which many of us on the outside find so unsettling.
ordinary forum shopping---in which all good litigators engage
Imagine for a moment discovering that Alabama had been able to "forum shop" for referees prior to every LSU game. It would be a huge national scandal, and that is just for a game. You're nonchalantly referencing an identical precept in a forum affecting people's lives, and livelihoods.
Lawyers accustomed to built-in system-wide corruption (my outsider's terminology for prosecutorial forum shopping, amongst other things), all too often simply respond, "Ho-hum, that's just the way it is, Buckaroo." It's not dissimilar to Deputy Defense Secretary Kathy Hicks' response in the Jon Stewart interview covering DOD budget accountability ... "Yeah, sure, we cannot account for >$1 trillion over a number of yrs. So what? It's not my fault. It's just the way it is. But you seem really focused on it for some reason, Jon."
SFP, whose input I also appreciate, is simply extending that nonchalance a smidgen further than what you'd ID as the "norm." There is nothing different in the principle of one vs the other. Just at some point the unseemliness apparently becomes more obvious??
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