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18 Dec, 6 tweets, 1 min read
NEW: 6th circuit panel votes 2-1 to reinstate Biden’s OSHA vaccine mandate, reversing the 5th circuit’s previous ruling int.nyt.com/data/documentt…
Next step is possible re-consideration by the entire 6th circuit and/or review by SCOTUS
Which would again put government management of the (worsening) pandemic at risk of derailment by the nine justices
Joan Larsen, a Trump appointee to the 6th circuit in 2017 (who shared a confirmation hearing w Amy Coney Barrett when she was appointed to the 7th circuit) is the dissenter.
From the conclusion of Judge Stranch’s opinion. (She’s an Obama appointee.) Image
Judge Gibbons’s concurrence: we judges have no business second-guessing executive officials Image

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More from @stevenmazie

Steven Mazie Profile picture
8 Dec
At 10:00, the Supreme Court will be hearing a case that could poke another hole in the (already teetering) wall of separation between church and state: Carson v. Makin. You can listen in at this link. I'll be listening & tweeting.

supremecourt.gov
Thomas: do you have standing? These schools say they won't take state funding.

Michael Bindis, lawyer for plaintiffs: yes
Kagan: if there were only two religious schools and neither would accept the money, still there's standing?

B: stigmatic injury is still an injury, even if there is no chance of participating in the program
Read 65 tweets
Steven Mazie Profile picture
6 Dec
A must-read @bartongellman analysis of Trump's efforts to derail his 2020 loss and plans in the works to steal the next election. In @rickhasen's words, “We face a serious risk that American democracy as we know it will come to an end in 2024." theatlantic.com/magazine/archi…
It's dire, folks Image
Republicans are exiling leaders who averted catastrophe last time Image
Read 5 tweets
Steven Mazie Profile picture
1 Dec
Abortion hearing at SCOTUS starting now. 👇
Lawyer for Mississippi rises:

Roe and Casey "haunt our country".
Thomas has the first question for Scott Stewart, solicitor general of Mississippi: does it make a difference if we focus on privacy or autonomy or more specifically on abortion?
Read 102 tweets
Steven Mazie Profile picture
3 Nov
We’re two hours away from gun-rights showdown at the Supreme Court.

I will be tweeting and commenting in this space during the 70-plus minute oral argument.
An interesting wrinkle: the progressive left is somewhat at odds with itself in this case. Gun control advocates oppose broadening the right to bear arms while racial-justice activists deplore the discriminatory manner in which states decide who gets to carry a concealed weapon.
The argument begins at 10 AM and you can listen via a button on the Supreme Court homepage supremecourt.gov
Read 58 tweets
Steven Mazie Profile picture
2 Nov
Lots of us have been puzzled as to why SCOTUS didn’t lift the 5th circuit stay on the district-court injunction to temporarily block SB 8 when it granted cert before judgment, and why only Sotomayor dissented from that denial

After today’s hearings, it’s less puzzling.
1. The “procedural morass” (Kagan) is more troubling to more justices in US v. Texas, yet that’s the (only) case w a lower-court injunction that could be restored. The majority preferred the Whole Woman’s Health route all along.
2. Seems the majority knew they wanted to block SB 8 but didn’t know exactly how and wanted to use briefing & oral arg to sort out whom specifically to enjoin (clerks, judges, AG, private parties). Path of least resistance sounds like state clerks.
Read 4 tweets
Steven Mazie Profile picture
1 Nov
Two hours from now, oral arguments begin in the twin challenges to Texas’s uniquely harsh abortion law.

i’ll be tweeting and analyzing the hearings as they unfold. You can also listen in via a button on the Supreme Court’s homepage: supremecourt.gov
The first SCOTUS case this morning is Whole Woman's Health v. Jackson, a challenge to SB 8, the Texas abortion ban, from abortion clinics and providers.

Marc Hearron, arguing against the law, is up first.
CJ Roberts begins by noting that it's the 30th anniversary of Justice Thomas's investiture. "Our heartfelt congratulations."
Read 115 tweets

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