SCOTUS: 8-1 ACB ruling in Social Security Act case. supremecourt.gov/opinions/21pdf…
Held: Civil-service pension payments based on employment as a dual-status military technician are not payments based on “service as a member of a uniformed service” under 42 U. S. C. §415(a)(7)(A)(III)
That's it for the day from SCOTUS.

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More from @EdWhelanEPPC

13 Jan
SCOTUS stays OSHA vaccine mandate by 6-3 vote. Libs in dissent. aboutblaw.com/1fH

Quick thread. 1/
Per curiam majority: Mandate "operates as blunt instrument," "draws no distinctions based on industry or risk of exposure," treats "lifeguards and linemen" like "medics and meatpackers." (Sounds like Chief's prose to me.) 2/
More from majority: Administrative agencies, as creatures of statute, have only the authority that Congress has provided. We expect Congress to speak clearly when authorizing an agency to exercise powers of vast economic and political significance. 3/
Read 10 tweets
7 Jan
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/
Read 4 tweets
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

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