Judging without law: the Matthew J. Kacsmaryk story
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The government has filed its stay application in response Matthew Kacsmaryk’s assertion that he is now in charge of the Food and Drug Administration. The brief notes a few minor oopsies in the initial ruling:
Sure, the plaintiffs have no remotely plausible claim to have standing. Sure, the six-year statute of limitations has long since expired. And the holding is also wholly without legal merit. But other than that…I’ll come in again.
The brief also cites some of the “evidence” that Kacsmaryk used to override the judgment of the agency actually charged by Congress with the relevant authority here:
The scary thing is that there is essentially no chance that 5CA will grant the stay, and relying on Brett Kavanaugh’s good faith is never a good place to be.
…a very, very brutal decimation of the opinion can be found here.