As I said before -- AG Paxton is not much of a lawyer.
That's been well known -- for. . . well, decades.
But just now on Monday morning, he asked, of a busy Fifth Circuit, after a complete loss -- and now just starting on his appeal -- that "a ruling is requested by: 12/04/2023. Date of service: 12/04/2023. . . ."
All. . . after 100% losing on the same motion, just mid-last week, at the USDC level -- on clear black letter federal law (well settled for seventy years, no less!) -- law he does not dispute. . . applies to these facts. Dang. Good luck with that one, son.
And so, the able Clerk of the Fifth Circuit just advised the apparent neophyte State Texas AG Paxton, in a corrective letter, as follows:
. . .Any party filing a matter outside normal business hours (M-F, 8:00 a.m. – 5:00 p.m.) that may require the court’s immediate attention should call the emergency duty deputy and inform them of the filing, even if the matter does not qualify as an emergency under 5th Cir. R. 27.3. The emergency duty deputy can be reached at 504-XXX-XXXX [Redacted here]. . . .
Hilarious.
UPDATED @ 2 PM EST -- TX AG Paxton only has until this Friday at 5 PM, under a temporary administrative stay, to get a brief on file -- and the CBP will oppose by then as well. Now you know, but that stay is very likely to be dissolved, by next Monday.
नमस्ते
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