Reporter covering North Carolina's #HB370 — which looks like it's coming up for a vote today — found a way not to mention the Fourth Amendment until the seventh paragraph of a story whose headline ignores the existence of significant constitutional questions. Not good!
NC Gov. @RoyCooperNC has said the bill is unconstitutional. How do you write a story about this fed'l power grab that would be forced on local sheriffs by state gov't (essentially an unfunded mandate, due to the likely lawsuits that would result) w/out highlighting that reality?
The story in NC is actually that, when told that newly elected sheriffs were going to require constitutionally adequate process be put in place before they detained people, ICE ignored them and instead urged the GOP to change state law and force those sheriffs to comply. #HB370
NC legislature is back in session. #HB370 could be voted on shortly. —>
Update: #HB370 passed the North Carolina legislature. Now Gov. @RoyCooperNC, who has called the bill unconstitutional, needs to act on that and veto this.
Breaking: Booksellers' challenge to Texas's book-ban regime succeeds at the Fifth Circuit.
Today, the full Fifth Circuit announced that the far-right judges of the court LOST a vote for rehearing en banc 8-9 after a 3-judge panel had previously upheld the dist ct's injunction.
There is highly questionable action from the Fifth Circuit this weekend, flagged to me by @steve_vladeck. On Saturday, the Fifth Circuit issued "a temporary administrative stay," allowing Texas S.B. 4 — the challenged Texas immigration law — to go into effect in 7 days.
Here's my thread on the preliminary injunction ruling from Feb. 29:
BREAKING: Fifth Circuit holds that fed'l emergency room protections (EMTALA) do not mandate that physicians provide abortions when that is the "stabilizing treatment" needed, upholding an injunction issued in a lawsuit brought by Texas. More to come: lawdork.com
For background on this issue (while I'm reading and writing), here's some a post relating to the still-pending SCOTUS stay application filed by Idaho in the inverse EMTALA litigation, where DOJ sued Idaho: lawdork.com/i/139439910/th…
BREAKING: Supreme Court will NOT hear case over Washington's conversion therapy ban, over the objection of Thomas, Alito, and Kavanaugh. Thomas and Alito write.
Supreme Court also DENIES RFK Jr.'s request to intervene at SCOTUS in Murphy v. Missouri, the case over Biden administration social media influence out of the Fifth Circuit. Thomas notes his dissent.
BREAKING: On a 2-1 vote, the 11th Circuit DENIES Florida’s request that it be allowed to enforce its anti-drag law against everyone in the state except the plaintiffs during the appeal.
Jordan and Rosenbaum, both Obama appointees, hold that the district court did not abuse its discretion in granting an injunction prohibiting all enforcement of the ban, given its underlying finding that the law is likely overbroad and this likely facially unconstitutional.
Brasher, a Trump appointee, dissents and would grant a partial stay, finding the injunction to be, itself, overly broad to achieving the goal of protecting the plaintiff’s rights.