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by @jimpick.com
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The Department of Justice is trying to get the NAACP’s Clean Air Act suit against xAI tossed because it claims the government should be able to block *all* citizen suits it opposes to avoid “Article II” concerns. As today’s “One First” explains, this argument is as scary and alarming as it is novel:
www.stevevladeck.com
DOJ's move to toss out a lawsuit against xAI for illegally operating gas-burning turbines to power data centers turns on a dangerous new constitutional claim.
234. DOJ, Citizen Suits, and the xAI Litigation
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Steve Vladeck