The point is that we need to have so many pro Flynn amicus briefs submitted that the bias of the judge will be empirically demonstrated when he accepts the anti Flynn amicus briefs and rejects the pro Flynn briefs.
District court judges always have discretion on whether to accept Amicus briefs, so there is no relevance to the fact that this judge is reserving a right all district court judges have.
It is important to have this kind of evidence on the record so the appeals court, or even the supreme court, can toss out all amicus briefs later on.
Last edited by Remsen; 05/13/20.
