so far you haven't posted any facts you have posted your opinion which is just leftist drivel so here are the facts.
So there are 2 rulings that Sullivan is ignoring. 1 came from the SCOTUS just a few weeks or about a month ago.
In which Ginsburg wrote a scathing letter to the 9th supreme court regarding amicus.
As the 9th circuit went amicus hunting on something that was never argued before the court.
One week ago, the U.S. Supreme Court issued a 9-0 decision, authored by Justice Ginsburg, that took judges to task for similar amicus antics. Her opinion for the Court in U.S. v. Sineneng-Smith upbraided the U.S. Court of Appeals for the Ninth Circuit for violating a basic aspect of legal proceedings called the “party presentation principle.” In a nutshell, this concept dictates that judges must decide the case as presented by the parties before them. They are not to go out questing for dragons to slay (or issues to tackle) that the parties have not brought before them. As J. Ginsburg put it: “[C]ourts are essentially passive instruments of government … They ‘do not, or should not, sally forth each day looking for wrongs to right. [They] wait for cases to come to [them], and when [cases arise, courts] normally decide only questions presented by the parties.”
now he ignores a prior dc appeal court ruling.
One week ago, the U.S. Supreme Court issued a 9-0 decision, authored by Justice Ginsburg, that took judges to task for similar amicus antics. Her opinion for the Court in U.S. v. Sineneng-Smith upbraided the U.S. Court of Appeals for the Ninth Circuit for violating a basic aspect of legal proceedings called the “party presentation principle.” In a nutshell, this concept dictates that judges must decide the case as presented by the parties before them. They are not to go out questing for dragons to slay (or issues to tackle) that the parties have not brought before them. As J. Ginsburg put it: “[C]ourts are essentially passive instruments of government … They ‘do not, or should not, sally forth each day looking for wrongs to right. [They] wait for cases to come to [them], and when [cases arise, courts] normally decide only questions presented by the parties.”
As the Court of Appeals explained though, such considerations are outside the judge’s role: “The Constitution allocates primacy in criminal charging decisions to the Executive Branch. The Executive’s charging authority embraces … whether to dismiss charges once brought. It has long been settled that the Judiciary generally lacks authority to second-guess those Executive determinations, much less to impose its own charging preferences.” Indeed, “[f]ew subjects are less adapted to judicial review than the exercise by the Executive of his discretion in deciding when and whether … to dismiss a proceeding once brought.” J. Srinivasan explained that the Constitution’s delegation of “take Care” duties and the pardon power undergird the Executive’s primacy. As a result, “‘judicial authority is … at its most limited’ when reviewing the Executive’s exercise of discretion over charging determinations.”
With specific regard to Rule 48(a) of the Federal Rules of Criminal Procedure, which requires “leave of court” to dismiss criminal charges against a defendant, J. Srinivasan said, “[D]ecisions to dismiss pending criminal charges … lie squarely within the ken of prosecutorial discretion.” And the leave of court language “gives no power to a district court to deny a prosecutor’s Rule 48(a) motion to dismiss charges based on a disagreement with the prosecution’s exercise of charging authority. For instance, a court cannot deny leave of court because of a view that the defendant should stand trial notwithstanding the prosecution’s desire to dismiss the charges[.]”
Judge Srinivasan concluded, “[A]uthority over criminal charging decisions resides fundamentally with the Executive, without the involvement of—and without oversight power in—the Judiciary.” “In vacating the district court order, we have no occasion to disagree (or agree) with that court’s concerns about the government’s charging decisions in this case. Rather, the fundamental point is that those determinations are for the Executive—not the courts—to make. We therefore grant the government’s petition for a writ of mandamus[.]” The Flynn case arose in a different context, but the issue whether a trial judge may refuse to dismiss charges is identical, and Fokker’s discussion of Rule 48(a) fully anticipated it—and answered it decisively.
You once again prove you have no clue what you are talking about.
