Material filed by #ACLU in #SDNY and #SCOTUS in US #Census case. Redacted for “deliberative process privilege.” Is ACLU just teasing or did it catch a big one? @maddow @lawrence

First, I think ACLU violated the Court rule.

After a case has been argued or submitted, the Clerk
will not file any brief, except that of a party filed by leave of
the Court. 

Supreme Court Rule 25 (7).

Here is the complete Respondent’s Notice of Filing. My SCOTUS experience is limited so I can’t speak to whether the Court might just ignore it. Perhaps just decide it warrants a footnote in the opinion that is likely well along in the drafts.  So ACLU must know the rule. They’re acting like it’s a big deal.

So, SCOTUS is seeing the unredacted material over which the Trump administration is claiming executive privilege.  ACLU may have caught a big one but it’s under seal in the SCOTUS.  But ACLU teed it up in NY in a contempt sanction motion so the district judge in #SDNY is in a position to have it flop out on the deck in public.  And all SCOTUS will be left with is the stink.

Clever.

Here’s a link to the SCOTUS Docket.