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SCOTUS Action This Morning

Quick takes on U.S. Supreme Court action this morning:

1.  Affirmed the Fifth Circuit in Davila v. Davis, declining to go further toward creating an endless spiral of lawyers getting new claims before the federal courts by accusing prior lawyers of incompetence.  This is a win for CJLF.  Our press release is here.

2.  Sent the cross-border shooting case of Hernandez v. Mesa back to the Fifth Circuit to reconsider in light of the Abbasi decision.  Not too much to consider since they got it right the first time and Abbasi does not in any sense move the ball in plaintiff's direction.  This is a partial win for CJLF as well.

3.  Took up the travel ban case and stayed the orders enjoining its enforcement to the extent they apply to persons with no connection to the United States.  This is a bit of a slap to the lower courts for granting preliminary injunctions that are far broader than their justification.


A fine day for CJLF. Congratulations.

Good work CJLF.

As for the travel ban case, I would imagine behind the scenes discussions with Justice Kennedy to stay on. A new appointment would surely seem political and put a lot of pressure on whoever gets appointed to side with the Administration. I can hear the Democrats complaining already.

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