Hilarious! What’s Missing From Hinderaker’s Analysis Of Fifth Cir. Opinion? Only… Everything.

Well… That’s not terribly surprising.

John fails to mention that nine of the ten supposed harms listed, in Monroe, Louisiana Judge Doughty’s opinion (which he ostensibly “enjoined” the government from doing)… were tossed, as vague and hopelessly overbroad. Nine of ten tried to prohibit lawful activity. The Fifth Circuit tossed them.

The panel left only No. 6, which purports to enjoin government “coercion”… which is not news at all, and that limit on the fed’s powers of advocacy here — has long been well-understood and respected.

So it is mostly a hollow “win” — especially in light of the ten pages from 66 on, that I quoted from last night… excoriating Doughty’s lack of discipline, and imprecision in his opinion, and his repetition — and his… misunderstanding of well-settled law.

John mentions none of that.

But most of all, contrary to what Hinderaker wrote — there have been no findings at trial (or obviously, on appeal) of any actual governmental “violations”.

That just shows both how little Hinderaker knows about the litigation, and that Doughty’s opinion came very early in the pleadings stage — without any trial or other final factual findings.

But to hear John tell it, this was a full blown trial, and loss. Poppycock.

Now it is on to the Supremes, where the one remaining item — as to only four agencies — will be bounced on its ear, Condor predicts.

Cheers, John.