More Proof That USDC Judge Drew Bruce Tipton, Down In Texas, Has Opened A Can Of Worms He Cannot Understand -- Let Alone... Control.

We note that the intrepid would-be jurist has taken "under advisement" what he calls "post trial briefs" from the States of Texas and Louisiana -- and (of course) the Biden Administration's Deputy AGs' Offices. And as regular readers know, we've long pointed out that he has no jurisdiction here; and should never have held a trial, at all.

In fact, the Fifth Circuit (the circuit that covers his own trial court, for appeals), in a case eerily similar to his (on an executive order related to a matter of plenary Executive Branch powers) -- on appeal, dismissed for lack of jurisdiction, as we detailed last week. He should take note of that. . . and dismiss this one. [Generally excellent Biden Administration brief here -- from mid last week.]

But he won't. He took the case to be able (primarily) to make political speechs, from the bench -- in the form of written rulings (likely to be handed out in his future run for state- or national elected office, of one kind or another). But his clerks are allowing into the record. . . obvious falsehoods, in these "post-trial" briefs -- and are in real danger of copy-pasting them into whatever final opinion he issues. So the Biden Administration pointed this out at the end of last week, in a one page follow up reply brief:

. . .Defendants provide this reply to address the States’ incomplete and misleading picture about ICE’s detention operations. See Pls.’ Resp. at 9 (ECF No. 231). As explained in Defendants’ proposed findings of fact, ICE book-ins were greater in each month from October 2021 through February 2022, as compared to October 2019 through February 2020. Defs.’ Post-Tr. Proposed Findings of Fact and Conclusions of Law ¶ 60 (ECF No. 222). A greater share of book-ins, however, resulted from CBP arrests, rather than interior enforcement, as a result of increased enforcement at the border. Id. (citing Declaration of Peter Berg ¶ 18, AR_DHSP_00006029).

Further, in their post-trial response brief, the States cite a news article for the proposition that there was a large drop in removals in Fiscal Year 2021, which predated the effective date of the September Guidance. See Pls.’ Resp. at 9-10. But that news article fails to account for the fact that between January 2021 and July 2021, DHS expelled more than 600,000 noncitizens covered by the CDC’s public health Order, which was not issued until the middle of Fiscal Year 2020. . . .

It is. . . exhausting to keep track of these sets of specious litigation matters, in Texas. . . as they should long ago have been put under a granite headstone captioned "Dismissed for lack of jurisdiction." But so it goes. . . we will grin through it all -- because this, this -- is what winning looks like. Even if ugly -- it is still. . . winning.

नमस्ते