If the DOJ wants to take "action" as opposed to making an executive order, they will have to make a court filing.
Now wait, you might say, if one executive branch (State level) can make an executive order when the courts are closed, why can't another (Department of Justice)?
Because Executive Orders aren't legally binding until a court is involved. Sure, the Governor of California could sign an EO saying anyone who watches OANN will be fined. And the California Highway Patrol could give someone a ticket for cruising down the highway while OANN streams on a tablet in the back seat. But that ticket isn't legally binding until a court says it can be enforced.
The DOJ is doing this by the book. Because when the DOJ says "you can't do this", Barr (and ultimately Trump) wants to be DAMN SURE that no one can do it.
If the DOJ wants to take "action" as opposed to making an executive order, they will have to make a court filing.
Now wait, you might say, if one executive branch (State level) can make an executive order when the courts are closed, why can't another (Department of Justice)?
Because Executive Orders aren't legally binding until a court is involved. Sure, the Governor of California could sign an EO saying anyone who watches OANN will be fined. And the California Highway Patrol could give someone a ticket for cruising down the highway while OANN streams on a tablet in the back seat. But that ticket isn't legally binding until a court says it can be enforced.
The DOJ is doing this by the book. Because when the DOJ says "you can't do this", Barr (and ultimately Trump) wants to be DAMN SURE that no one can do it.
This.
I don't want the federal government to have the authority to usurp local governments without going through a clearly defined process.
So they will save religious freedom in time for ramadan?
The only action I'm expecting is bill barr producing more fat on his ass