Main Justice Usurping Power
27 snips
Mar 10, 2026 They unpack the Justice Department's sudden reversal on appeals involving law firms and the internal dynamics that drove it. They cover a Minnesota ruling finding immigration stops and arrests were racially targeted. They review court decisions on unlawful leadership appointments and a rule that could pause state complaints against DOJ lawyers.
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DOJ's Rapid Reversal Reveals Political Pressure
- DOJ abruptly reversed a decision to dismiss appeals of four district-court rulings against Trump's law-firm executive orders within 24 hours.
- Mary McCord and Andrew Weissmann say the flip-flop likely reflects chaotic high-level political pressure overriding the Solicitor General's normal appellate triage process.
Solicitor General Functions As Legal Gatekeeper
- The Solicitor General normally vets appeals and avoids bringing weak cases to protect credibility before higher courts.
- John Sauer's selective docketing is credited with some government wins; abandoning appeals in weak cases reduces embarrassing losses at the Supreme Court.
Courts Saw Executive Orders As First Amendment Retaliation
- The four district courts unanimously found the executive orders constituted First Amendment retaliation against law firms.
- All judges emphasized the orders targeted firms for representing clients and causes the president disliked, making judicial review of retaliation appropriate.