Wednesday, June 30, 2021 12:05:59 PM
Where in the ruling did SCOTUS say only damages are left?
There were only two types of remedies sought in all the various court cases: damages and injunctive relief. By saying that the NWS was legal and authorized by HERA, the Supreme Court has basically closed off the path to injunctive relief.
They remanded the case back to 5th circuit for retroactive relief “if any” to cure the constitutional injury.
Right, but there is slim hope of that happening. The Fifth Circuit en banc panel already voted against retrospective relief, and the Supreme Court's own opinion said that prospective relief is not available because of the fourth amendment.
See p. 7-8 of Gorsuch's opinion and p. 6 of Kagan's for more detail.
They are all but telling the plaintiffs to file suit for self dealing when they affirmed that Lockhart was in-fact an acting director removable at will when he signed the SPSA contract. Cant have a contract with only one party.
And yet again we come back to my signature line. Expecting injunctive relief from any of the existing cases is a fool's errand.
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