REPORT: Supreme Court’s ‘10th justice’ favors unusual tactic for Trump cases
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Over the past year, the federal government’s lead Supreme Court litigator has repeatedly attempted to expedite Trump administration cases by using an unorthodox maneuver, one that legal experts say is rarely successful.
Solicitor General Noel Francisco has requested on eight separate occasions, twice in the same case, that justices bypass the regional federal appeals court and instead review the ruling by a lower district court.
The article goes on to state the following:
Those requests, known as petitions for a writ of certiorari before judgment, stemmed from challenges to President Trump’s restrictions on transgender people serving in the military, its decision to wind down the Deferred Action for Childhood Arrivals (DACA) program and its move to add a citizenship question to the 2020 Census.
Court watchers say that in addition to being unusual, the strategy to leapfrog normal judicial order is aggressive and may undermine the solicitor general’s credibility with the justices.
The solicitor general is employed by the Justice Department and often referred to as the 10th justice because they have the dual responsibility of serving the executive branch as a key advocate and helping the court as a kind of counselor develop the law that reflects the country’s long-term interests.
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