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POLITICIZING THE COURTS

Trump’s DOJ Asks SCOTUS to Delay – Until After Election – Case That Would Void ObamaCare and Steal Health Care From Millions

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Even while promising to protect popular aspects of the Affordable Care Act behind the scenes President Donald Trump and his administration have been hard at work trying to kill ObamaCare.  The Dept. of Justice is supporting a lawsuit brought by Republican governors and state attorneys general that has already received a ruling finding the individual mandate is unconstitutional. The DOJ then asked the court to declare the entire law – all of ObamaCare – unconstitutional.

Now that case is moving to the Supreme Court, but the Trump administration knows if it kills the now-popular health care law that bears his predecessor’s name, they will lose the support of millions whose lives literally depend on it.

So on Friday the U.S. Dept. of Justice under Attorney General Bill Barr asked the Supreme Court to delay deciding if it will hear the case, so any subsequent ruling would be handed down after the November, 2020 election.

Bloomberg’s Sahil Kapur breaks the news:

Word is just getting out.

Several Democratic lawmakers:

 

 

 

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POLITICIZING THE COURTS

Legal Experts Perplexed Why Trump-Appointed Judge Refuses to Rule on Trump Tax Case Until Other Trump Cases Are Decided

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Legal experts are scratching their heads after a federal judge appointed by President Donald Trump announced on Tuesday he is delaying handing down his decision in a Trump tax returns case until other federal judges hand down their decisions in other Trump cases. That judge is a former Trump transition team volunteer and has donated to the Trump campaign.

District Judge Trevor McFadden of the U.S. District Court for the District of Columbia announced he will hold up his ruling in a case brought by the House Ways and Means Committee against the U.S. Treasury Dept. The case involves gaining access to six years of Trump’s tax returns. The law clearly says the IRS “shall” hand them over to Congress. The Trump administration says Congress has no right to investigate.

Back in August Judge McFadden pushed back against House Democrats, denying “their request to both expedite consideration of the case and to decide on its merits without holding a trial,” Politico had reported.

Last year over a separate case former Democratic governor and presidential candidate Howard Dean issued a strong rebuke of Judge McFadden:

Law.com Senior editor Mike Scarcella offers this insight into why McFadden possibly might be staying his ruling: the judge “served as an unpaid volunteer on Trump’s presidential transition team.”

Meanwhile, legal experts are perplexed.

Here’s a writer in residence for the Knight First Amendment Institute at Columbia University:

Exec. Editor of legal website Above the Law:

National Law Journal reporter covering the DC courts and the legal side of politics:

More:

 

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POLITICIZING THE COURTS

Trump Demands SCOTUS Justice Roberts Dismiss ‘Phony’ Impeachment That ‘Should Not Even Be Allowed to Proceed’

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President Donald Trump on Sunday suggested that Justice John Roberts should declare that impeachment charges against him are unconstitutional.

In an appearance on Fox News over the weekend, Trump attorney Rudy Giuliani first made the suggestion that Roberts could kick off the president’s impeachment trial by dismissing it.

“Great idea,” Trump wrote Sunday morning as he tweeted out video of Giuliani’s appearance. “This phony Impeachment Hoax should not even be allowed to proceed. Did NOTHING wrong. Just a partisan vote. Zero Republicans. Never happened before!”

 

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