Today, all the plaintiffs suing to stop Trump from unlawfully interfering with mail-in voting have sought to amend their complaints in response to the ruling yesterday from the Roberts Six that lifted the temporary injunction previously in effect. 1/ #LawFedi
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The case is DSCC v. Trump, docket at https://www.courtlistener.com/docket/73131864/dscc-v-trump/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc
The bottom line: the Roberts Six said that plaintiffs sought injunctive relief too early, before Trump’s
EOs caused any actual harm and before USPS had taken definitive action to implement the unconstitutional commands in them. Now, USPS has issued a final ruling. That, plus other concrete implementation by Trump-controlled agencies, means that the dispute is ripe for a new injunction. 2/
The case consolidates two lawsuits, and the two groups of plaintiffs are each represented by their respective, excellent counsel. The Democratic Party institutions are repped by the Elias Law Firm, @marcelias ‘s firm. The city, county, and public interest plaintiffs are repped by Democracy Defenders Fund and Campaign Legal Center. 3/
(Sorry, had to pause in the midst of this thread).
The Elias Group did something clever and amusing. They filed both clean and a redlined copies of their proposed amended complaint. The Roberts Six ignored the fact that USPS had issued a final ruling on Friday — before the Six said Monday that that USPS had not acted definitively! The redlined version indicates how disingenuous the Six were. All that had to be added to the introduction is one short paragraph. 4/
The day after the Roberts Six said there was not yet any injury to sue over, both groups of plaintiffs submitted amended complaints showing just how poised the Trump regime was to inflict injury. Gives the lie to the Six’s claims that there was no reason to believe that Trump was about to implement his unconstitutional plans to interfere with the elections. This was ridiculous b.s. and we all knew it, but these amended complaints call the b.s. 5/
