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Reason
Reason
Politics
Josh Blackman

Why the Supreme Court's "Order" In The USAID Case Was An Advisory Opinion (Updated)

I wrote a series of posts about the Supreme Court's decision in the USAID case. Most of the critics focused on my criticisms of Justice Barrett, but as could be predicted, they completely missed why I was criticizing Justice Barrett.

Here are the facts. The Solicitor General made two requests. First, the government sought an immediate administrative stay of the District Court's ruling. Second, the government sought to vacate the order issued by the District Court. Chief Justice Roberts promptly granted the temporary administrative stay. A week later, the Court, by a 5-4 vote, vacated the temporary administrative stay. The Court also denied the government's application.

Consider what the Court stated:

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