Read the story here. Advertise at Before It's News here.
Profile image
By Reason Magazine (Reporter)
Contributor profile | More stories
Story Views
Last hour:
Last 24 hours:

The President of the United States v. Knight on the Shadow Docket

% of readers think this story is Fact. Add your two cents.

On Monday, the Court finally GVR’d Trump v. Knight First Amendment Institute. But now the case was restyled as Biden v. Knight First Amendment Institute. This substitution was correct. The Plaintiffs had sued President Trump in his official capacity. And upon the inauguration, Biden would have been automatically substituted as the defendant.

Of course, the Court did not need to wait till the inauguration. The case was first distributed for conference on October 30, 2020. And in January, Trump was banned from Twitter, arguably mooting the case altogether. Still, the Court held onto the petition so it would become moot, and then GVR’d the Second Circuit’s ruling under the Munsingwear doctrine. So much of Trump-law has been wiped from the books. Now, the Biden Administration, and all other government actors, have a clean slate with respect to social media policies.

The Court, however, has not been consistent with updating the caption. For example, the Court did not substitute the parties in the Emoluments Clauses litigation. In those cases (20-330 and 20-331), the Court kept Donald Trump on the docket, even though Joe Biden should have been substituted. Indeed, in follow-up orders from the Second and Fourth Circuit, the lower courts also did not update the name of the defendant. However, in the lone individual capacity case, Trump’s name should remain on the docket.

Back in 2018, I recorded a video for the Federalist Society about the case:


Before It’s News® is a community of individuals who report on what’s going on around them, from all around the world.

Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.

"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.

Please Help Support BeforeitsNews by trying our Natural Health Products below!

Order by Phone at 888-809-8385 or online at M - F 9am to 5pm EST

Order by Phone at 888-809-8385 or online at M - F 9am to 5pm EST

Humic & Fulvic Trace Minerals Complex - Nature's most important supplement! Vivid Dreams again!

HNEX HydroNano EXtracellular Water - Improve immune system health and reduce inflammation

Ultimate Clinical Potency Curcumin - Natural pain relief, reduce inflammation and so much more.

MitoCopper - Bioavailable Copper destroys pathogens and gives you more energy. (See Blood Video)
Oxy Powder - Natural Colon Cleanser!  Cleans out toxic buildup with oxygen! 
Nascent Iodine - Promotes detoxification, mental focus and thyroid health.
Smart Meter Cover -  Reduces Smart Meter radiation by 96%!  (See Video)

Immusist Beverage Concentrate - Proprietary blend, formulated to reduce inflammation while hydrating and oxygenating the cells.

Report abuse


Your Comments
Question   Razz  Sad   Evil  Exclaim  Smile  Redface  Biggrin  Surprised  Eek   Confused   Cool  LOL   Mad   Twisted  Rolleyes   Wink  Idea  Arrow  Neutral  Cry   Mr. Green

Load more ...




Email this story
Email this story

If you really want to ban this commenter, please write down the reason:

If you really want to disable all recommended stories, click on OK button. After that, you will be redirect to your options page.