I was wondering how the plaintiffs got rulings so promptly in two cases recently, one in the Sixth Circuit Court of Appeals and the other in the Northern District of Texas. In both cases, the plaintiffs were challenging federal laws that benefitted other groups of people to which they did not belong; the plaintiffs wanted federal money to go to them.
They got quick rulings on their requests. I was wondering about that, as I say. I do not think it was necessarily because they had better lawyers, as much as it was about the kind of relief they requested.
The plaintiffs requested preliminary injunctions. Requesting that kind of relief ordinarily galvanizes a judge into action. This is in contrast to, say, trying to get a court to enforce a Congressional subpoena, which as we have seen can take years, and it is in contrast to attempting to have a judge apply either of the emoluments clauses of the United States Constitution, which as we have seen may never happen at all.
These two cases are not the end of plaintiffs challenging federal laws and policies in Courts; they are the beginning. If the current administration including the current justice department is going to stop losing, they are going to have to be strategic.
First, they must consider going on the offensive and file suit, whenever the opportunity arises, to enforce the laws instead of waiting for laws to be challenged.
They should also consider the relief they request, and how long it will take to achieve their purpose in filing suit. Let the plaintiffs in these cases be guides if not mentors, exactly; is there an opening to file suits to request preliminary injunctive relief?
Say requesting a preliminary injunction to stop a fraudit from using actual ballots cast in federal elections, which as I understand it is against the law during this short timeframe since the November 2020 election?
If someone wants to be more successful in litigation, be more strategic. Your probable adversaries will be more strategic in filing lawsuits. To that end, expect more lawsuits to be filed in the Northern District of Texas. Be ready, by filing first in a forum which you, not they, select.
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