[U] Next Motions, And When Due, In DC — On Remaining Bits Of Trump’s Lawless TikTok “Orders”

UPDATE @ 9 AM 10.01.2020: The able Judge Nichols has adopted an order that omits the last item on the schedule agreed by the parties (but not the judge), at this point. See the bottom of the post, in green italics — but that is a pretty direct hint that all of the later scheduling (i.e., any live hearings) will change based, on the most-likely election results. End update.

The election will have transpired by the time any more of his unlawful “provisions” would have a chance to take effect, by their own terms.

Even so, if he asks the violent reprobates (cough, Proud Boys) to forcefully disrupt vote counting or vote certification efforts — this continued litigation will be very important. And in any event, Mr. Biden will not be able to officially repeal his purported executive “actions” until January 21, 2021. So this marches. . . onward. Here is the latest, just filed in DC tonight:

. . .[TikTok] Plaintiffs do not oppose entry of a briefing schedule allowing them to file another motion for a preliminary injunction as to the remaining prohibitions. The parties have conferred and respectfully propose the following schedule:

On or before October 5, 2020, the government shall, pursuant to Local Rule 7(n), file with the Court a certified list of the contents of the Administrative Record [the “AR”], and the government shall serve Plaintiffs with a copy of each item in the AR that is available at that time to be produced, noting in a cover filing and/or on the certified list of contents any such documents that have not been produced to Plaintiffs;

✿ On or before October 14, 2020, Plaintiffs shall file a motion for a preliminary injunction as to the remaining prohibitions scheduled to take effect November 12;

✿ On or before October 23, 2020, Defendants shall file an opposition to Plaintiffs’ motion for a preliminary injunction;

✿ On or before October 30, 2020, Plaintiffs shall file a reply on their motion;

✿ Oral argument to be held at the Court’s convenience during the week of November 2, 2020. . . .

MINUTE ORDER — 10.01.2020.

. . .Upon review of the Parties’ [32] Joint Status Report, the Court hereby enters the following briefing schedule:

✿ Defendants shall file a certified list of the contents of the Administrative Record by October 5, 2020;

✿ Plaintiffs shall file a motion for a preliminary injunction as to the prohibitions scheduled to take effect November 12, 2020, by October 14, 2020;

✿ Defendants shall file their opposition to Plaintiffs’ motion by October 23, 2020; and Plaintiffs shall file their reply by October 30, 2020.

It is so ORDERED. Signed by Judge Carl J. Nichols on October 1, 2020. . . .

This is an astonishingly depraved waste of federal government resources, all clearly being undertaken solely now to assuage the ego of a narcissist wanna-be dictator — during what is more broadly a very important chapter — in deciding the continued survival of our 240 years’ worth of history, supporting free communications and free speech, under a rubric of ordered liberty. I N S A N E.

नमस्ते

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