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  • Supreme Court's ‘10th justice’ favors unusual tactic for Trump cases

    02/10/2019 6:10:00 PM PST · by be-baw · 23 replies
    The Hill ^ | February 10, 2019 | Lydia Wheeler
    Over the past year, the federal government’s lead Supreme Court litigator has repeatedly attempted to expedite Trump administration cases by using an unorthodox maneuver, one that legal experts say is rarely successful. Solicitor General Noel Francisco has requested on eight separate occasions, twice in the same case, that justices bypass the regional federal appeals court and instead review the ruling by a lower district court. Those requests, known as petitions for a writ of certiorari before judgment, stemmed from challenges to President Trump’s restrictions on transgender people serving in the military, its decision to wind down the Deferred Action for...