Saturday, July 13, 2024

What Does The DOJ Not Want Americans To Know?

 In response to the Sixth Circuit overturning the preliminary injunctions in the lower courts, the DOJ, which has been party to most of the lawsuits over state age-restriction laws, filed a petition for a writ of certiorari from the Supreme Court-meaning it asked the Court to review the Sixth Circuit's reversal of the district court injunction decisions.

If the Court rules that age limit laws are subject to rational basis review rather than strict scrutiny, it is almost certain that the lower courts will allow such laws to stand.

In December 2023, before the Supreme Court justices had even conferred about whether to grant certiorari, the DOJ petitioned the district court in Alabama-which is in the Eleventh Circuit, and in which the subpoenas against WPATH and HHS had been granted-to stop all further proceedings in that case.

The DOJ argued that it would be improper for the Alabama court to keep going if there's even a chance that the Supreme Court will grant certiorari and rule on the appeal from the Sixth Circuit.

The more relaxed burden of proof for plaintiffs in preliminary injunction cases means that, even under a conservative-leaning Supreme Court, there is a chance that the DOJ will prevail there.

In other words, the DOJ is likely trying to get the Court to hear the case with the less complete evidentiary record.

One week later, on July 2, the district court in Alabama cited the Supreme Court's decision to grant cert in Skrmetti as a justification to put its own proceedings on hold, making some exceptions for technical legal matters. 

https://www.city-journal.org/article/what-does-the-doj-not-want-americans-to-know

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