Thread by @AWokeZombie

#US #COVID19 Regarding the Sixth circuit ruling tonight, here are my thoughts (I'm no lawyer)

- Original En Banc vote was 8-8. Of these who wanted En Banc, 1 submitted an opinion for, with 7 others joining. 1 submitted an opinion against, with 5 joining....

- 3 who voted against En Banc but who did not join a submitted opinion were the 3 who were assigned the case from the 3 judge panel.

- Since the vote wasnt the majority, The En Banc motion failed

- The three who heard the case voted today, 2 to lift the stay and 1 to maintain..

- If the parties are permitted to go back to reconsider En banc, Note that 8 voted for En banc originally who werent assigned, and 5 voted against En banc who werent assigned. 3 heard the case

- Since stay was lifted, judge who voted to maintain stay will likely want En Banc now

- Therefore, if En banc is reconsidered, 8 who voted for en banc originally vote for it, and then the judge who ruled to maintain the stay changes vote, En Banc ruling changes from 8-8 to 9-7.

- If that happens, full en banc will likely reinstate the stay.

-If En banc consideration is not permitted (I've heard people mention there are rules that it cant be), then its going to SCOTUS in an emergency filing.

- Kavanaugh will decide if case is heard as he represents 6th circuit.

- Kavanaugh recently ruled in favor of the plaintiffs against the CDC with regards to the eviction moratorium, and this case comes down to does OSHA have the power to mandate this.

- So lets hope he decides to hear the case and the judges actually do whats right.