A SUPREME COURT FACE LIFT WILL NOT CHANGE THE FACT IT HAS BECOME A PIG WITH LIPSTICK

THE SUPREME COURT TAKES TRUMP AT HIS WORD AND STAYS FURTHER DEPORTATIONS UNDER ALIGN ENEMIES ACT BECAUSE TRUMP HAS SAID ONCE DEPORTED, THEY CANNOT BE RETURNED

This new photo was perfect for this post.  I will never forget the day my master's thesis chair called me in to ask me about the term "Juridical Methodology." It was not complex.  Juridical is the adjective which describes the type of methodology being studied.  But the idea I was defending the original sodomy case based on the methodology used by the Supreme Court, and not precedent, changed everything.  The idea was so rejected a committee member had to be removed.  Unlike me, he was a closet gay man who had never stood for our rights in any public forum.  You win battles by understanding the process and not allowing your personal bias to interfere with your analysis.

This is key to my delay in the John Doe case.  I see the obstacles.  The law is 100% on John Doe's side.  But the ramifications of a win could be more than the courts can handle.  So, my job is not to be distracted with pure precedent, but to show the court the ramifications of doing nothing is worse than the ramifications of following the law. I have already won on the law.  Now, I have to win the merits of the court correcting the abuses. 

WHAT IS THE METHODOLOGY OF AN APPLICATION FOR STAY?

The purpose is to hold everything in place as is, until the Court can issue a ruling.  But that is not enough.  You have to show if everything is not held in its place, a later ruling in your favor will be meaningless.  It used to be you had to argue you were likely to win on the merits.  That may be the case, but it generally does not influence the Court when considering certain high-profile cases.

SO, WHAT DID TRUMP SAY THAT LEFT THE COURT NO CHOICE BUT TO STOP THE DEPORTATIONS UNDER THE ALIEN ENEMIES ACT?

Trump said in a very public way, once deported under the Act his administration has no way of getting the deportees back.  This means a later order from the Court to return the deportees would be meaningless.  Hence, the irreparable injury has been met, based on Trumps own words.

BUT THE PRESS WILL STILL GET IT WRONG, BECAUSE THEY HAVE NO LAWYERS WHO UNDERSTAND THE METHODOLOGY

The remarkable part of the order is, the Court looked to what is more important to them, enforcement of their orders, not whether the deportees can win on the merits.   This is important because the Justices may already believe the deportees cannot win on the merits, but that they had to take the case to make sure their orders will be followed.  This is the head on frontal attack on Trump. And naturally the press as always is clueless.