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this post was submitted on 19 May 2026
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politics
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So, last year the issue came up, the government represented to the court one set of facts, which resulted in a ruling in favor of the government. Now, a year later, the government concedes that their initial position was wrong (presumably because their bullshit is no longer tenable), which obviously caused a "manifest injustice", and the court reverses it's position. However, there is no discussion of sanctions or any consequences whatsoever for the prior misrepresentation. I'm an attorney, and having dealt with mischief many times from opposing counsel, in my opinion the biggest problem with our legal system is that it relies on the participants to act in good faith. When they don't, there are few consequences, so bad actors gain an advantage from bad conduct, which provides incentive to continue the conduct and undermine justice.