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U.S. District Court Judge Laura Taylor Swain threw out the suit, which sought $435 million in damages, on a technicality. Nunes’s legal team argued that the court should apply the laws of Virginia or Washington, D.C. to the case, while Swain said the laws of Nunes’s home state of California should be applied. “Plaintiff … argues that, if the Court were to look to the place where he suffered the greatest injury, the laws of either Virginia or the District of Columbia should apply because that is where he performs his role overseeing the activities of the Intelligence Community,” Swain, a Clinton appointee, wrote in her ruling. ....
Four months later, Justice Barrett sits on the Supreme Court, President Biden Democrats have little time to act and the question of which plan to pursue looms large. This debate typically revolves around one task: identify the policy that best balances political reality with legal rigor. Why? Because Congress will get only “one shot” before the court itself weighs in. And by then it may be too late for Congress to start over. ADVERTISEMENT This legal-political balancing act poses a dilemma: popular plans get watered down to preempt legal concerns while controversial policies dominate the debate based on their constitutional pedigree. For example, Fix The Court’s plan would require justices to take senior status after 18 years (a widely popular approach), but the plan exempts sitting justices to avoid potential legal issues. Take Back the Court, meanwhile, argues that packing the court is the only viable option because anything else might be invalidated. ....
Undoing Trump border policies to take months: Biden ‘MAKE IT BETTER’: Joe Biden said that more funding is needed for more asylum judges, and that changing the rules too quickly could create a new crisis at the border AP, WILMINGTON, Delaware US president-elect Joe Biden said it would take months to roll back some of US President Donald Trump’s actions on immigration, tempering expectations he generated during his campaign and one that might rile advocates pushing for speedy action on the issue. His comments on Tuesday echoed those made by two of his top foreign policy advisers on Monday in an interview with Spanish wire service EFE, hitting the brakes on rolling back Trump’s restrictive asylum policies. ....