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The Hill – Schrödinger’s cat, famously, alive and dead at the same time, would have felt at home in the Department of Government Efficiency. Depending on the legal issue at hand, DOGE claims to be both part of and separate from the federal government. But DOGE is not a thought experiment about theoretical physics. It is an actual party to real cases in federal courts. And as a party to multiple lawsuits, once litigation about DOGE’s authority has moved past the preliminary stages, a doctrine called “judicial estoppel” will allow judges to force an identity onto the entity.
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