now of course, I think this means that the lawsuit is back on, but the whole point of the settlement I think was because he knew the lawsuit would never survive a judge…
now of course, I think this means that the lawsuit is back on, but the whole point of the settlement I think was because he knew the lawsuit would never survive a judge…
The lawsuit now has a formal judicial finding that it is not a case or controversy. Under the constitution, the federal courts have no jurisdiction over this so-called “lawsuit”.
Nothing can happen with this lawsuit unless that finding is reversed.
Courts usually don’t reverse findings of fact do they? I mean, who knows with this SCOTUS, they’re bought and paid for…
The plaintiffs are always welcome to motion to reconsider. That usually doesn’t work.
They can also appeal to the appeals court. Once there the fact findings need “clear error” to be reversed. But this decision also interprets the law… The meanings of “case” and “controversy” in this context. The legal interpretations are reviewed “de novo,” meaning starting fresh all over again.
My guess is there’s a lot of room for higher courts to reverse some parts of this decision. It’s one thing for the court to decline to enforce the “settlement.”. And it’s another thing for the court to take positive steps to stop the “settlement” from being implemented.
Among other things, the order claims to enjoin Donald Trump personally from calling the settlement “agreement” a “settlement.” That could be a violation of his free speech rights, perhaps. Or it could be an impermissible injunction against a sitting President (i.e. if this “lawsuit” gets twisted from personal business into an “official act”).
A big problem with the “agreement” if the “lawsuit” stays dead is that Trump doesn’t give up anything else to get all these benefits besides dropping the “lawsuit.” In contract law there has to be a consideration from both sides. That’s why you sometimes see property being sold for $1 instead of being given away. That could be a hook for a future DOJ to get rid of their side of the agreement.