March 6, 2020

Rule Of Recognition For A Authorities Legal Position

This morning time the President tweeted the following:

“People, the lawyers too the courts tin telephone telephone it whatever they want, simply I am calling it what nosotros require too what it is, a TRAVEL BAN!” “The Justice Dept. should bring stayed amongst the master copy Travel Ban, non the watered down, politically right version they submitted to S.C.” “The Justice Dept. should enquire for an expedited hearing of the watered downward Travel Ban earlier the Supreme Court – & essay much tougher version!” “In whatever termination nosotros are EXTREME VETTING people coming into the the United States of America inwards club to assistance continue our province safe. The courts are deadening too political!”

I intend this raises an interesting issue. We follow the convention that the Administration's brief states the official legal set of the Government inwards a case, equally supplemented yesteryear what the Solicitor General or regime lawyer contention inwards Court says.  What happens, though, when the President contradicts the brief or the argued position?  Which i should control?

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