BREAKING: By a 6–3 vote, the Supreme Court DENIES a request to block Maine's COVID vaccine mandate for health care workers with religious objections. Gorsuch, Alito, and Thomas dissent. documentcloud.org/documents/2109…
Barrett, joined by Kavanaugh, writes that she declined to block the vaccine mandate in part because it came to the court on the shadow docket—highlighting the fact that she might reach a different result if the court took the case on the merits. documentcloud.org/documents/2109…
In dissent, Gorsuch adopts the Republican Party line on vaccine mandates, insisting that "healthcare workers who have served on the front line of a pandemic" should not be forced to get vaccinated and highlighting their pitiable "plight."
documentcloud.org/documents/2109…
Notably, Justice Gorsuch (joined by Alito and Thomas) expresses serious skepticism that Maine has a compelling interest in mandating COVID vaccinations among health care workers, noting the availability of vaccines and treatments. documentcloud.org/documents/2109…
Gorsuch, putting on his amateur epidemiologist hat, bashes the vaccine mandate from every direction: "Maine’s decision to deny a religious exemption in these circumstances doesn’t just fail the least restrictive means test, it borders on the irrational." documentcloud.org/documents/2109…
Gorsuch's dissent illustrates how the new rule—"any secular exemption triggers a religious exemption"—eats the old rules: He says the presence of a medical exemption triggers a mandatory religious exemption under the First Amendment. Those exemptions are actually quite different!
Gorsuch heavily implies that Maine officials are refusing to grant religious exemption to the vaccine mandate due to some deep-seated, thinly veiled animus toward religion. It's curious how he sees anti-religious animus everywhere but largely denies the existence of racism today.

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More from @mjs_DC

25 Oct
As I said, these people are complete psychos. One protester is now chaining himself to demolition equipment in a hazmat suit. All these lies and stunts to block housing and a grocery store. What an embarrassment.
The current anti-McMillan theory is that McMillan is a historic park that must be preserved (at the cost of keeping Bloomingdale a food desert) ... and also that it's filled with toxic waste and asbestos and presents a massive threat to public health.

Also the anti-McMillan protesters don't actually live near McMillan. They just periodically come down to our neighborhood to stop us from getting more housing and a grocery store. I cannot overstate my disgust for these pathetic lunatics.
Read 4 tweets
18 Oct
The Supreme Court issues two per curiam opinions granting qualified immunity to police officers accused of using excessive force. supremecourt.gov/orders/courtor…
There are no noted dissents from SCOTUS' per curiam decisions granting qualified immunity; they appear to be unanimous. The court remains committed to a very strong shield of qualified immunity for officers accused of brutality. supremecourt.gov/orders/courtor…
SCOTUS also doubled down on an extremely controversial aspect of its qualified immunity jurisprudence—the notion that a Fourth Amendment right is not "clearly established" unless there's some very explicit precedent with nearly identical facts. This is bad news for QI opponents.
Read 4 tweets
14 Oct
Psychopath NIMBYs trying to stop the construction of more housing and a grocery store in my neighborhood are now turning against DC home rule and asking congressional Republicans to overrule our democratically elected leaders. Disgusting and reprehensible. dcist.com/story/21/10/13…
McMillan is currently a fenced-off wasteland. The city approved development that includes affordable housing and a Harris Teeter (the whole area is currently a food desert). NIMBYs blocked it for five years to preserve street parking and inflate home values. The worst people.
Anyway, the NIMBYs have finally lost: McMillan is being developed, and our neighborhood’s days as a food desert are numbered. But they refuse to accept defeat and insist that this “park” (NOT A PARK) must be preserved. Anything to keep out new neighbors. Completely despicable.
Read 4 tweets
13 Oct
1. Assuming the veracity of this report, I think YLS' reaction was unacceptable. Law schools should not retaliate against students for protected speech (which includes launching an investigation) even when they aren't bound by the First Amendment. freebeacon.com/campus/a-yale-…
2. This story has been flattened into "students triggered by a classmate's Federalist Society membership convinced YLS to punish him," which excludes key details; inviting classmates to a "Trap House" for "Popeye's chicken" is fairly fraught (though not punishable).
3. Retaliating against students for offensive but obviously protected speech only bolsters the victimhood mentality that the Federalist Society cultivates in its members—providing grist for the grievance-industrial complex at the heart of the conservative legal movement.
Read 5 tweets
12 Oct
A sleepy orders list from the Supreme Court this morning, with no new grants. Notably, though, the justices took no action on the petition for rehearing in Arlene's Flowers, the anti-gay florist case. Someone may be writing a dissent from denial of cert. supremecourt.gov/orders/courtor…
The Supreme Court *rejected* the Becket Fund's request to participate in oral argument in Ramirez v. Collier, the case about faith advisors' access to the execution chamber. Michael McConnell had wanted to argue in favor of the Free Exercise Clause. supremecourt.gov/orders/courtor…
SCOTUS turns away Boardman v. Inslee, a major union case, by a 6–3 vote.

Washington State only permits the government and unions to access personal information of in-home care providers. Anti-union activists said that rule violates the First Amendment.
Read 6 tweets
4 Oct
The first question at oral arguments this morning was asked by Justice Clarence Thomas, which suggests he will continue to ask questions even though they’re back in the courtroom! (He was largely silent until they went telephonic.)
Here is Chief Justice Roberts formally closing out the last term and kicking off the new one from inside the courtroom. He also notes that Justice Kavanaugh will participate remotely and welcomes the new Marshal of the Supreme Court, Colonel Gail Curley.
This is standard administrative stuff you hear when you attend oral arguments in person. It’s just neat to hear it livestreamed from inside the courtroom for the first time. In the bad old days, SCOTUS did not include it when providing post-argument audio.
Read 5 tweets

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