Started By
Message

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
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
450394 posts
Posted on 2/11/25 at 7:10 am to
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 by Miner
Birmingport
Member since Nov 2017
1363 posts
Posted on 2/11/25 at 7:15 am to
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 by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
450394 posts
Posted on 2/11/25 at 7:24 am to
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.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
130835 posts
Posted on 2/11/25 at 7:25 am to
Posted by dukkbill
Member since Aug 2012
902 posts
Posted on 2/11/25 at 7:50 am to
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
Posted by IvoryBillMatt
Member since Mar 2020
4715 posts
Posted on 2/11/25 at 7:50 am to
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 by Miner
Birmingport
Member since Nov 2017
1363 posts
Posted on 2/11/25 at 7:54 am to
Thanks to you both.
Posted by IvoryBillMatt
Member since Mar 2020
4715 posts
Posted on 2/11/25 at 7:56 am to
Thanks Dukk. Links were particularly helpful
Posted by FearlessFreep
Baja Alabama
Member since Nov 2009
18413 posts
Posted on 2/11/25 at 8:34 am to
quote:

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.
i followed your link in the above paragraph

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 by imjustafatkid
Alabama
Member since Dec 2011
57765 posts
Posted on 2/11/25 at 8:47 am to
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 by Reagan80
Earth
Member since Feb 2023
633 posts
Posted on 2/11/25 at 8:49 am to
Just like the NFL officials that know what penalty they’re calling before the play.
Posted by omegaman66
greenwell springs
Member since Oct 2007
24813 posts
Posted on 2/11/25 at 8:53 am to
It is being looked at by another court right now. Hoping we get an overturn today.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
450394 posts
Posted on 2/11/25 at 8:56 am to
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 by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
450394 posts
Posted on 2/11/25 at 8:57 am to
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 by NorCali
Member since Feb 2015
1291 posts
Posted on 2/11/25 at 10:20 am to
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
Posted by FearlessFreep
Baja Alabama
Member since Nov 2009
18413 posts
Posted on 2/11/25 at 10:27 am to
quote:

What does this have to do with forum shopping?
what does forum shopping have to do with the OP?

do you think forum shopping is the primary complaint of those here criticizing the injunction?
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
130835 posts
Posted on 2/11/25 at 11:23 am to
quote:

A poster calling this lawfare is icing on the cake

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.
Posted by IvoryBillMatt
Member since Mar 2020
4715 posts
Posted on 2/11/25 at 11:37 am to
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 by DallasTiger11
Los Angeles
Member since Mar 2004
12887 posts
Posted on 2/11/25 at 11:42 am to
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 by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
130835 posts
Posted on 2/12/25 at 8:42 am to
quote:

SFP, I am one of the few people who really do appreciate your input.


quote:

ordinary forum shopping---in which all good litigators engage
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.

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??
first pageprev pagePage 3 of 4Next pagelast page

Back to top
logoFollow TigerDroppings for LSU Football News
Follow us on X, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

FacebookXInstagram