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It was overturned in court because the current administration refused to defend it. It’s possible that even if they had genuinely defended the rule in court it
by addicted 8y ago
It was overturned in court because the current administration refused to defend it.
It’s possible that even if they had genuinely defended the rule in court it would have been overturned, but that’s not what happened and while technically you are right, in reality, the decision was a political and not a judicial decision.
- rayiner 8y agoThat is absolutely false. You can hear the hour long argument where the government defended the rule here: http://www.ca5.uscourts.gov/OralArgRecordings/17/17-10238_7-31-2017.mp3 http://www.ca5.uscourts.gov/OralArgRecordings/17/17-10238_7-.... The Fifth Circuit then rendered a decision on the merits. The government didn’t file for rehearing or petition for Supreme Court review. But those are discretionary forms of review, reserved for special circumstances, and rarely result in overturning the appeals court decision.