That Goofy USDC (Texas!) Judge Tipton Will Hear A Truncated, And "High-Speed" No Discovery Trial -- Despite Fifth Circuit Strongly Suggesting He Should Dismiss The Litigation.

Friday morning's trivia dept.: Well, other than the waste of federal AG resources defending a suit. . . where the plaintiffs (the State of Texas, among others) manifestly have no standing, there is little that is NOT boring about Judge Tipton's ongoing refusal to accept defeat [as it is now fair to say he acts more as an advocate for the Texas State AG, than an impartial jurist -- on most live Zoom hearings I've watched (backgrounder here) -- stem to stern.]

What is interesting here is watching young Tipton's very public, and performative art -- as I would reasonably guess he is "auditioning" on this stage -- for a role on the Texas State Supreme Court, or perhaps. . . a run for Congress, from that state. [It is decidely unbecoming a man. . . formerly, and supposedly, of Semper Fi. I may now fairly question his fidelity to that oath, to "support and defend the US Constitution," among other things.]

In any event, here is the agreed "express" calendar -- likely agreed to by the Biden Administration mostly just to dispose of this nonsense, and end the appeals (after a quick loss by Texas, lacking any helpful and real evidence, as opposed to baseless conjecture -- at trial -- there will be very little in the factual record to dispute, for any future appeal).

We shall see -- but I say this one is already DOA.

. . .The parties will not seek any discovery [Ed. note: the Fifth Circuit had already forclosed that -- as to Texas' efforts].

The parties may take live testimony from witnesses at trial.

Plaintiffs will not seek the direct testimony at trial of any current DHS employee, including that of any DHS component, or submit such testimony through affidavit or declaration.

The parties agree that the evidentiary materials attached to their previous briefs are authentic, can be admitted without a sponsoring witness, and are presumptively admitted as “part of the trial record and need not be repeated at trial.” Fed. R. Civ. P. 65(a)(2). The parties are also permitted to submit additional extra-record evidence. . . .

Now you know. Jet planes (to warmer climes), await -- tomorrow evening. . . at 7 pm. . . smile.

नमस्ते