NEW at SCOTUS: In light of procedural delays at the abortion-hostile 5th circuit, challengers to TX SB8 abortion ban return to Court requesting order to send the case back to the district court for quick relief
In technical terms: the request is for a writ of mandamus directing the 5th circuit to remand the case to the district court. Plaintiffs also ask SCOTUS to expedite consideration of the application.
(The petition should be docketed at SCOTUS tomorrow and isn't yet available.)
Here is the cover and the question presented ImageImage

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More from @stevenmazie

31 Dec 21
In his capacity as head of the federal judiciary, John Roberts just released his end-of-year report. He pays homage to Chief Justice Taft, highlighting issues the Judicial Conference will soon tackle.

But Roberts’s real message is to Congress: keep your hands off SCOTUS Image
There are three issues Roberts says the conference will engage: judges’ financial disclosures, harassment & misbehavior, and judicial assignment in patent cases.
But his subtext rings louder than any of that: criticize us all you like, but we will manage ourselves quite well without any meddling from the outside, thankyouverymuch. A not so veiled reference to Biden’s SCOTUS Reform Commission and possible congressional action. ImageImage
Read 4 tweets
18 Dec 21
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
Read 6 tweets
8 Dec 21
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
6 Dec 21
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
1 Dec 21
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
3 Nov 21
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

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