Yesterday, I explained that Judge Sullivan’s decision on the
Department of Justice’s motion to dismiss the Emoluments Clause case against
the President was due circa December 7, 2018. See <https://reformclub.blogspot.com/2019/03/the-mystery-of-blumenthal-v-trump.html>. Judge Sullivan’s decision is now more than 3 months
overdue.
According to the
Judiciary’s biannual reports*:
Judge Sullivan had zero overdue motions at the end of March
2018;** and,
Judge Sullivan had zero overdue motions at the end of
September 2017 and at the end of March 2017; and,
Judge Sullivan had zero overdue motions at the end of
September 2016 and at the end of March 2016; and,
Judge Sullivan had zero overdue motions at the end of
September 2015 and at the end of March 2015; and, finally,
Judge Sullivan had zero overdue motions at the end of September
2014.
In short, Judge
Sullivan has not had a (reported) overdue motion in any of his cases for over 3 years—yet,
the President’s motion remains undecided. Does anyone know why?
Seth
Welcome Instapundit readers!
Seth
Welcome Instapundit readers!
* See
CJRA 8: U.S. District Courts—Motions Pending More Than Six
Months March 2018, <https://www.uscourts.gov/sites/default/files/cjra_8_0331.2018.pdf> (no motions pending more
than 6 months); September 2017 CJRA
Report, <https://www.uscourts.gov/sites/default/files/cjra_8_0930.2017.pdf>
(same); March 2017 CJRA Report, <https://www.uscourts.gov/sites/default/files/cjra_8_0331.2017_0.pdf> (same); September 2016 CJRA Report, <https://www.uscourts.gov/sites/default/files/data_tables/cjra_8_0930.2016.pdf> (same); March 2016 CJRA
Report, <https://www.uscourts.gov/sites/default/files/cjra.8.0331.2016.pdf> (same); September 2015 CJRA Report, <https://www.uscourts.gov/sites/default/files/cjra_table_8.pdf> (same); March 2015 CJRA
Report, <https://www.uscourts.gov/sites/default/files/cjra_table_8w_-_list_of_pending_motions_by_judge_03312015.pdf> (same); September 2014 CJRA Report, <https://www.uscourts.gov/sites/default/files/cjra-table8-sep2014.pdf> (same).
** The September 2018 CJRA report will be available circa May 2019.
Seth Barrett Tillman, Part II: The Mystery of Senator Richard Blumenthal v. President Donald J Trump, New Reform Club (Mar. 8, 2019, 1:38 AM), <https://reformclub.blogspot.com/2019/03/part-ii-mystery-of-senator-richard.html>.
For Part I, see: Seth Barrett Tillman, The Mystery of Blumenthal v. Trump, New Reform Club (Mar. 7, 2019, 2:16 AM), <https://reformclub.blogspot.com/2019/03/the-mystery-of-blumenthal-v-trump.html>.
For Part I, see: Seth Barrett Tillman, The Mystery of Blumenthal v. Trump, New Reform Club (Mar. 7, 2019, 2:16 AM), <https://reformclub.blogspot.com/2019/03/the-mystery-of-blumenthal-v-trump.html>.
7 comments:
If a judge is this late with the president, when he's never late otherwise, he's acting in a manner that's fundamentally political, not judicial. I'm writing this in case the judge himself reads this. The delay appears dishonorable.
Amen.
The question being: Is acting political as a judge still a criticism of their professionalism, or are judges now expected to be political?
The real reason is probably because the 2nd circuit case is still on appeal in the question of standing. Judge Sullivan hell's that there was standing. He is likely waiting to see what the 2nd circuit does with that issue before going forward to the merits of the case. But parties probably agreed to this.
Because it's a hot potato?
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