But where is the Trump administration? In June of last year, the Supreme Court requested that the solicitor general submit the views of the United States as to whether the Court should accept the case for review. This should have been an easy call. As long as we have had solicitors general, it has been recognized that they have a duty to defend the constitutionality of Acts of Congress if there is a reasonable argument to do so. And that duty has maximum force where, as President Obama’s solicitor general wrote, “the statute in question … is a vital part of the Nation’s effort to fight international terrorism.”Months went by with no answer from the administration. It ultimately took the Trump administration eight months to file its brief. Astonishingly, the brief sided with the PLO and against American victims of terrorism. The administration urged the Supreme Court to leave undisturbed the New York court’s amputation of the Anti-Terrorism Act.
March 26, 2018 at 1:55 PM EDT