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Georgetown Law Professor Orin Kerr raises a good point regarding Judge Hanen's 'rulebook' order: "Hanen does not discuss whether he has the legal authority to impose this remedy. Most of the people who have to comply with this order are lawyers who will never enter Hanen’s jurisdiction and have nothing to do with the DAPA case. Hanen is even trying to regulate practices in state court in other states. If a DOJ lawyer plans to appear in in state court in Maine in 2021, Hanen in Brownsville, Tex., believes he has the power now to regulate that. Given Hanen’s focus in his order with making sure government officials “play by the rulebook,” I’m interested to know what rulebook governs Hanen’s remedy and whether he is playing by it."
- Prof. Orin Kerr