Those cases weren’t dismissed based on a motion to dismiss. They were dismissed before the defendants even entered an appearance (or were served).
Here, defendants entered an appearance and were served, and filed motion to dismiss. Plaintiffs must have a chance to respond. And, today’s Court order gives plaintiffs until Sept. 28 to respond.
Not necessarily true in all cases. But Carter could have used the exact same BS logic as the other judges. Just like the DOJ urged him to do. Dismiss for lack of standing and/or jurisdiction
Stop. Facts only confuse him.