THIRTY DAYS IN THE HOLE
What's the worst that could happen if he just releases the list now?
Go say hello to Mr. Sibley at his blog. And write something nice. I do not wish to be the blogger who sent loads of negative vitriol in his direction.
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Commentary from our own John Titus, lawyer, scholar and gentleman:
It appears the Supreme Court is saying you don't have standing--injury--until you are legally penalized for your actions; right now it's just an order, and courts cannot rule on orders (or statutes) unless there is a case between two parties, including an injured plaintiff.
Under art 3 of the constitution, courts can only decide "cases and controversies." Any number of criteria have been developed by the courts for what qualifies as a case: it has to be ripe, not moot, etc., and the plaintiff has to have standing/injury. Absent those criteria, the courts would be issuing advisory opinions, a judicial no-no.
In any case, Sibley should be happy. Roberts just cleared the dance floor for Sibley's next move. Imo, he's asking for a ruinously long delay by appealing to another justice. It's not as if his penalty would be any worse if he fired away now. And if he's ultimately right, as I think he is, there won't be any valid and enforceable penalty in any event.
In case you missed it earlier:
Background reading: