Molly Roberts

@mollyroberts.bsky.social

senior editor at @lawfaremedia.org | ex-washington post opinions šŸ¤

@mollyroberts.bsky.social

To clarify ā€” since it seems I may have been unclear ā€” I am not saying that Alito is denying the rule was issued. Iā€™m saying heā€™s blaming the litigation/injunctions for the delay, even though the rule was issued when an injunction was still in place.

@mollyroberts.bsky.social

The SCOTUS decision last month staying the injunction relied partly on the premise that the injunction was preventing USPS ā€œfrom so much as initiating a rulemakingā€ā€¦even though that opinion came out three days after the rule was issued despite the injunction.

@mollyroberts.bsky.social

Alitoā€™s dissent in the mail-in voting case is fairly absurd. He claims USPS was prevented from issuing its rule because of the injunction. Maybe that *should* have been the case ā€” but USPS issued the final rule anyway!

@annabower.bsky.socialReposted by @mollyroberts.bsky.social

Really canā€™t stress how remarkable this statement is coming from Joe DiGenova, who spent the better part of a decade pushing the conspiracy theory that he was in charge of investigating.

As @mollyroberts.bsky.social and I reported earlier this year: www.lawfaremedia.org/article/the-...

Anna Bower@annabower.bsky.social

Omg. When youā€™ve lost Joe DiGenovaā€¦.

diGenova just told me by phone when I asked about his abrupt exit: "If you want indictments where there's no evidence, you have an ethical problem"
lawfaremedia.orgThe Grand Conspiracyā€™s New Prosecutor May Be the Caseā€™s Biggest LiabilityFormer Trump lawyer Joseph diGenova is one of the most vocal proponents of a conspiracy theory that he is now in charge of investigating.
@lawfaremedia.orgReposted by @mollyroberts.bsky.social

Yesterday, Judge Talwani heard argument on renewed motions for a preliminary injunction against President Trump's executive order targeting mail voting.

@mollyroberts.bsky.social reports from the courtroom where questioning focused on the Postal Service's final rule implementing the order.

@stevevladeck.bsky.socialReposted by @mollyroberts.bsky.social

#BREAKING: By a 5-4 vote (with Chief Justice Roberts joining the three Democratic appointees in dissent), #SCOTUS grants a stay pending appeal in the ballroom case, clearing the way for Trump to continue building the ballroom indefinitely while the litigation proceeds.

@mollyroberts.bsky.social

Many of my excellent @lawfaremedia.org colleagues and I write here about how the documents the White House dumped last week donā€™t prove what Trump says they do ā€” and in some cases actually disprove those same claims: www.lawfaremedia.org/article/ever...

lawfaremedia.orgEverything Trumpā€™s Election Speech Did Not ProveAfter years of searching for any scrap of evidence that suggests the 2020 election was stolen, the White House still hasnā€™t found it.
@mollyroberts.bsky.social

She also isnā€™t likely to grant the governmentā€™s motion to dismiss. So that means, essentially, the case plays out. And in the interim we assume the agreement ensures no surprise demolitions before the plaintiffs can request relief.

@mollyroberts.bsky.social

The tldr (or tl, didnā€™t attend 3-hour motion hearing): Judge Reyes wonā€™t issue a preliminary injunction, but she will ask the parties to come to an agreement by which no bulldozers will show up to knock down cherry trees in the night.

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