SCOTUS's 6-3 ruling in covid eviction moratorium case in August provides good copy-and-paste opportunities for ruling against OSHA order. supremecourt.gov/opinions/20pdf… 1/
"We expect Congress to speak clearly when authorizing an agency to exercise powers of vast economic and political significance.” 2/
OSHA's "claim of expansive authority ... is unprecedented.... Since [OSHA's formation] in [1971], no regulation premised on [OSH Act] has even begun to approach the
size or scope of the" vaccine mandate. 3/
"It is indisputable that the public has a strong interest in combating the spread of the COVID–19 Delta variant. But our system does not permit agencies to act unlawfully even in pursuit of desirable ends." 4/

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Ed Whelan

Ed Whelan Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @EdWhelanEPPC

7 Jan
#SCOTUS hears oral argument beginning at 10 a.m. in two sets of covid vaccine-mandate cases. Some background here: nationalreview.com/bench-memos/fe…
You can listen in via the "Live Oral Argument Audio" link on SCOTUS home page. supremecourt.gov

Time allowing, I'll also offer a thread of commentary.
Oral argument first on OSHA emergency vaccine-mandate rule.

Keller for NFIB points out that rule is so onerous that Postal Service is seeking exemption.
Read 52 tweets
6 Jan
Biden’s Extraordinary Record on Black Female Appellate Nominations nationalreview.com/bench-memos/bi…
Biden has nominated black women to federal appellate seats at more than 22 times their numbers among American lawyers. nationalreview.com/bench-memos/bi…
Biden nominated seven black women to appellate judgeships in his first year. Obama nominated three over eight years. I explore reasons for the vast discrepancy. nationalreview.com/bench-memos/bi…
Read 5 tweets
5 Jan
By any measure, Biden's record of nominating African American women to federal appellate seats is extraordinary. Seven of his 18 noms--39%--have been black women. Black women account for about 2.3% of lawyers. 1/
So Biden has nominated black women to appellate seats at **17 times** their numbers among lawyers. And that's w/o adjustments for age, experience, qualifications to determine candidate pool. 2/
By contrast, Biden has nominated only one Hispanic woman to an appellate seat, despite fact that Hispanics outnumber blacks in general population by 30-50% and are roughly equal among lawyers. 3/
Read 6 tweets
23 Dec 21
In surprising victory for Rep. Jim Clyburn, Biden nominates Michelle Childs, currently a district judge in South Carolina, to D.C. Circuit vacancy.

A bit odd how White House press release focuses on other nominee. whitehouse.gov/briefing-room/…
Clyburn had pushed for Childs to be nominated to first D.C. Circuit vacancy, but that went to Ketanji Brown Jackson. postandcourier.com/politics/clybu…

Long delay in making this pick (vacancy arose in February) is presumably due to infighting. Hispanic activists evidently lost.
Of Biden's first 18 federal appellate nominees, 8 are African American (and 7 of those are women).

Only 3 Hispanics, and one is to CA1 seat in Puerto Rico.
Read 4 tweets
10 Dec 21
#SCOTUS issues ruling in Texas Heartbeat Act cases: Abortion clinics' claim may proceed against some defendants but not state judge, clerk, or AG.
Gorsuch opinion for majority. supremecourt.gov/opinions/21pdf… Chief files opinion concurring in part, dissenting in part, joined b libs. Sotomayor does likewise, joined by Breyer and Kagan. DOJ case is dismissed.
Gorsuch majority opinion: 1. Court clerk and state judge enjoy sovereign immunity. Also, no Article III "case or controversy" with respect to them. 2. State AG should be dismissed. He has no enforcement authority. 1/
Read 7 tweets
7 Dec 21
Brava!, @erikabachiochi, on rich NYT op-ed setting forth robust pro-life feminist vision. nytimes.com/2021/12/07/opi… 1/
@erikabachiochi .@erikabachiochi: "Ending the abortion regime must be the keystone of standing against the individualistic libertarianism that characterizes our politics, left and right — and privileges the powerful over the weak and dependent." 2/
@erikabachiochi .@erikabachiochi: "A post-Roe America will need to move beyond its wrongheaded obsession with autonomy. It will need to align both its rhetoric and its policies better with the realities of human existence and so should work to bring forth a renewed solidarity instead." 3/
Read 9 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Or Donate anonymously using crypto!

Ethereum

0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy

Bitcoin

3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us on Twitter!

:(