Fifth Circuit reaffirms stay of OSHA vaccine mandate, says the agency may "take no steps to implement or enforce the Mandate until further court order." dl.airtable.com/.attachments/d…
"The Mandate’s stated impetus—a purported 'emergency' that the entire globe has now endured for nearly two years, and which OSHA itself spent nearly two months responding to—is unavailing as well. And its promulgation grossly exceeds OSHA’s statutory authority."
A Ron Klain retweet gets mentioned:
"The underinclusive nature of the Mandate implies that the Mandate’s true purpose is not to enhance workplace safety, but instead to ramp up vaccine uptake by any means necessary."
"At the very least, even if the statutory language were susceptible to OSHA’s broad reading—which it is not—these serious constitutional concerns would counsel this court’s rejection of that reading."
Judge Duncan, concurring: "Whether Congress could enact such a sweeping mandate under its interstate commerce power would pose a hard question. Whether OSHA can do so does not."
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Brady's former chief counsel has filed an amicus brief "in support of neither party" that argues Heller and Bruen were wrong, and that the Supreme Court should go back to the pre-Bruen means-end scrutiny that allowed them to win nearly every 2A case: supremecourt.gov/DocketPDF/24/2…
Brady's former chief counsel uses the "fire in a crowded theater" argument:
Bold to assume that anti-gun states are caring about any of that before passing gun laws
NEW: NAGR v. Grisham (D. NM): NOTICE of Hearing on Motion for Temporary Restraining Order: Motion Hearing set for 9/13/2023 at 01:00 PM in Albuquerque - 420 Mimbres Courtroom before District Judge David H. Urias. courtlistener.com/docket/6777918…
Donk v. Grisham (D. NM): NOTICE of Hearing on Motion for Temporary Restraining Order: Motion Hearing set for 9/13/2023 at 01:00 PM in Albuquerque - 420 Mimbres Courtroom before District Judge David H. Urias. courtlistener.com/docket/6777944…
We The Patriots USA v. Grisham (D. NM): NOTICE of Hearing on Motion for Temporary Restraining Order: Motion Hearing set for 9/13/2023 at 01:00 PM in Albuquerque - 420 Mimbres Courtroom before District Judge David H. Urias. courtlistener.com/docket/6777953…
The defendants note that the proposed amended complaint removes the previous claims (that were apparently too insane even for Everytown) and basically changes the entire lawsuit: civilinquiry.jud.ct.gov/DocumentInquir…
"On cross-examination, he acknowledged that he stuck his phone about six inches (15 centimeters) from Colie's face while the translate app repeated the phrase 'Hey dips---, stop thinking about my sparkle' in English and Spanish." apnews.com/article/youtub…
"Colie backed away from the 6-foot-5 Cook (196 cm), who kept advancing toward Colie even as Colie said 'no' and 'stop' and pushed Cook's arm away. Then, Cook said, when the two were separated by a small distance, Colie pulled out an handgun and shot him in the abdomen."
"Cook said he's been posting pranks online for about a year. He said he was trying to avoid mall security while he filmed the prank on Colie because they had confronted him in the past. A survey of his YouTube channel finds a series of off-putting stunts..."
Wiese v. Bonta (E.D. CA): Ryan Busse's newest declaration in support of gun control is for CA's magazine ban (again). At $150/hr, it's almost identical to yesterday's filing in WA (without the part recommending bolt-action rifles for self-defense). storage.courtlistener.com/recap/gov.usco…
This section was in the Washington filing but not in the California one, probably because most (if not all) of those handguns aren't on the roster: