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Saturday, July 03, 2021 6:01:16 PM
Post Collins, CAN THE COLLINS PLAINTIFFS ASK THE JUDGE TO AMEND THEIR COMPLAINT TO INCLUDE RELIEF FROM THE UNCONSTITIONALLY INSULATED DIRECTOR
We aren't 'post Collins' yet as Collins ain't done. There is no need to amend their complaint for relief related to the unconstitutional director as that was the relief via the remand that SCOTUS gave. They remanded it back to the District Court...back to the fact finding court...to see if Thompson and Co can prove damages as a result of the unconstitutionality. Of course Thompson will plead (after discovery if need be) that the NWS wouldn't have been done without this unconstitutional structure so in essence, he will ask for the same relief he asked of SCOTUS. The exact same.
AND THE CREATION OF AND IMPLEMENTATION OF THE 4TH AMENDMENT?
Thompson will likely (as he should) ask for leave to amend the original complaint to encapsulate the 4th amendment issue. SCOTUS wouldn't touch it because it wasn't before them....it was done after the 5th Circuit Court of Appeals made its decision. You have to start from the District Court level and then go up....you can't amend and/or make new arguments while something in on appeal.
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