Collusion and Hypocrisy in Mullin v. Al Otro Lado
My column discusses the contortions of language and common sense required by the dissent in Mullin v. Al Otro Lado. Here, I’ll add another angle. In addition to the main dissent, Justice Ketanji Brown Jackson’s lone dissent (which went so far that Sonia Sotomayor and Elena Kagan wouldn’t join it) argued that the case was moot because the Biden administration had withdrawn the Obama-era “metering” practice — which was the subject of the case in 2021 after the First District Court ruled against it — and the Trump administration merely told the Court that it wanted the option to........
