The government has filed its opposition to Mr. Kennedy's attempt to "cut the line." It is plainly correct on the law. If Kennedy has views to offer, he may do so via an amicus brief. Thats where this will end. He will not be a party to this case, on the loony ruling out of Monroe, Louisiana's USDC Judge Doughty. Here's that sensible filing, and a bit of it:
. . .Before filing that suit, two of the three movants (Kennedy and CHD) had sought to intervene in this case for the limited purpose of accessing discovery. See D. Ct. Doc. 118 (Nov. 17, 2022). The district court denied that motion. . . .
In granting consolidation, the [trial] court stated that it “will not rule on the preliminary injunction in Kennedy v. Biden until after a ruling by the Fifth Circuit and/or the Supreme Court of the United States on the preliminary injunction in [this case]; that will keep the consolidation from complicating the matter on appeal and will likely result in a more streamlined resolution of the preliminary injunction in Kennedy v. Biden. . . .”
[N]onparties [like Kennedy] with an interest in the precedent that will be set by this Court’s decision in a pending case present their views by participating as amici curiae: “The obvious alternative for one who desires to intervene in a pending Supreme Court proceeding is to seek to file an amicus curiae brief.” Supreme Court Practice Ch. 6.16(c), at 6-63. Movants themselves have already done just that during the emergency stay proceedings. See Kennedy Pls.’ Amici Br. in Opp. to Stay (filed Sept. 20, 2023). They are free to participate as amici curiae again at the merits stage. . . .
Now you know. Smiling -- ever. . . smiling. It's been a great weekend, despite the Buffs losing (again). Heh. Onward.
नमस्ते
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