Democrats need to respond to Mitch McConnell and Mitt Romney and Cory Gardner et al. trying to fill a Supreme Court vacancy that occurred after voting started by trying to stop them or, at least, making the process as difficult and costly as possible.
And, no, Democrats should not meet with the nominee until and unless McConnell lays out a reasonable timeline for this process — one that makes a floor vote contingent on Trump’s re-election and thus would not end until late Nov or early Dec.
If they want a sham process, it’s a sham process. If they want an actual nomination process, hold an actual nomination process. It’s their decision.
There honestly is no reason why hearings even should be held before the election. Any plan that would aim to reach a *floor vote* before Election Day, as @seungminkim’s article says is being floated, is not a plan that resembles any legitimate consideration of a SCOTUS nominee.
And if that’s where Mitch is starting from, and there’s no reason to believe he wouldn’t, Dems need to go to their corner and respond in kind.
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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.