NEW at SCOTUS: a constitutional challenge to the vaccine mandate for NYC teachers
This is a shadow-docket application for emergency relief. Here's the question presented.
One of the main arguments: it's a violation of the 14th amendment's equal protection clause to require teachers, but not all municipal workers, to be vaccinated against COVID.
The other argument: teachers have a constitutionally protected liberty under the Due Process Clause to work and earn a living.
These arguments are IMO both dead in the water. Teachers aren't anything close to a suspect class for the purposes of equal-protection analysis. And the last thing the conservative majority wants to do is prop up a substantive due-process claim right before it guts Roe v Wade.
Here's a link to the (oddly short) filing drive.google.com/file/d/1W3cUgV…

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More from @stevenmazie

13 Sep
NEW: Mississippi clinic has just filed its response brief in Dobbs v. Jackson Women's Health Org, the abortion case coming to SCOTUS this fall.
Clinic begins by urging the Court to dismiss the case due to the state’s possibly-not-kosher bait-and-switch: it pivoted to a frontal attack on Roe/Casey in the merits briefing after cert was granted
Brief then argues that overruling Roe/Casey would undermine the principle of stare decisis—the idea that the Supreme Court should stand by old precedents (“let the decision stand”)
Read 11 tweets
12 Sep
Right now in Brooklyn: @SenSchumer appears at rally to address the climate crisis organized by Dayenu, a Jewish climate activist organization @JoinDayenu
Speaking now, he’s touting legislation that will expand subsidies for wind & solar energy and end subsidies for coal and oil.
Advocates for $30bn civilian climate corps, regenerative farming, $80bn for public housing to green-ify those buildings.
Read 5 tweets
9 Sep
What happens next with the federal government’s lawsuit against Texas’s uniquely draconian abortion law?

A wee 🧵.
The district court could issue an injunction in very short order.

If it does, TX will immediately appeal to the 5th circuit court of appeals — the court that oddly stopped district-court proceedings in the Planned Parenthood case that then went to SCOTUS, where it had no luck.
Whatever the 5th circuit does with TX’s stay request on the (potential) injunction, the losing party is quite certain to again go to SCOTUS (TX to block it, DOJ to reinstate it).
Read 5 tweets
9 Sep
Basic premise of DOJ's new lawsuit against the Texas abortion law: a state statute can't preempt a constitutional right. But there's more...

drive.google.com/file/d/1P-AcuJ…
The lawsuit details six agencies/programs of the federal government whose operations are being frustrated by the Texas law. All involve the feds facilitating or providing abortion care to various people. Image
Here are the first four... ImageImageImageImage
Read 5 tweets
9 Sep
BREAKING: Supreme Court grants stay in Mr. Ramirez‘s Texas execution. He will not be put to death tonight. Image
The Court also grants certiorari, which means it will fully consider Ramirez's plea in an argued case in the term beginning next month.
On the shadow docket, the Court has handled at least three previous last-minute pleas for death-penalty stays based on the presence of clergy in the execution chamber.

Now the justices transfer the issue to their regular docket for full consideration.
Read 7 tweets
2 Sep
BREAKING: SUPREME COURT GREEN-LIGHTS TEXAS ABORTION LAW
The vote is 5-4, with Chief Justice Roberts joining the three liberals in dissent
Majority says “application presents complex and novel antecedent procedural questions on which [plaintiffs] have not carried their burden“
Read 10 tweets

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