BREAKING: Justice Sotomayor, acting as circuit justice, grants Yeshiva University a stay pending further order of #SCOTUS of a New York trial court order that the religious school recognize "YU Pride Alliance," an LGBTQ-related group.
In plain English, the school does not need to recognize the LGBTQ group for now.
This is not an order of the full court, because the application was to Sotomayor, as the circuit justice for the 2nd Circuit, and the order says nothing about her referring the matter to the full court.
The university said its club application process ran through Sept. 12, so I read this action from Sotomayor today as preserving the status quo before the Sept. 12 deadline until the court decides what to do with this. supremecourt.gov/DocketPDF/22/2…
For those who doubt whether this is a ruling of the full court or the circuit justice, here's where Thomas issued a similar stay in an application for a stay of execution: supremecourt.gov/orders/courtor…
There, the full court, with no noted dissents, later denied the stay, vacating Thomas's order and allowing the execution to proceed. supremecourt.gov/orders/courtor… / In other words, today's order about Yeshiva University tells us little, if anything, about Sotomayor's views in the case.
So, as noted above — and as all of the #SCOTUS nerds have been discussing elsewhere on here — now we wait for further order, almost certainly from the full court. And likely, given the time this is taking, with writings (from multiple justices?) as well.
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BREAKING: Michigan Supreme Court, in a 5-2 ruling, orders the Reproductive Freedom For All proposed abortion-related amendment on the November ballot: courts.michigan.gov/4a5828/siteass…
Justice Elizabeth Clement, a Republican, joined the four Democratic justices in the majority.
Justices Brian Zahra and David Viviano, the other two Republicans on the court, both dissented.
Zahra is up for re-election this fall, as is Justice Richard Bernstein, a Democrat.
Chief Justice Bridget Mary McCormack does not mince words regarding the Republican members of the Board of State Canvassers who voted against putting the measure on the ballot, despite its receiving more than sufficient signature.
BREAKING: DOJ announces that it will appeal Judge Aileen Cannon's Monday order appointing a special master to review materials seized in the search of Trump's Mar-a-Lago property.
We'll have to wait for a filing at the 11th Circuit to know more about *what* DOJ is appealing — and on what basis. Here's what I wrote in Tuesday's @lawdorknews about the possibility of an appeal: chrisgeidner.substack.com/p/judge-aileen…
“The problem with this [PrEP] ruling coming down at this time is that it’s impossible to say that any court above O’Connor — the US Court of Appeals for the 5th Circuit or the US Supreme Court — will stop him.” chrisgeidner.substack.com/p/the-prep-dec…
On the religious rights claim (RFRA), the court relied on explicitly anti-gay religious views to provide justification for the ruling and found the feds lacked a compelling interest in requiring this coverage from these biz. The logic has no clear end. chrisgeidner.substack.com/p/the-prep-dec…
[Public health announcement: I am going to get my Covid booster, eat some lunch, and take my PrEP, then I’ll get back to this O’Connor PrEP ruling.]
Honestly, the lighting in the DC Health Covid Center worked. I’m bivalent boosted, girls. Thanks, @_DCHealth, for an easy, line-up-and-get-it system!
And, there’s my generic PrEP and generic Depakote (a mood stabilizer that I take for my bipolar), both of which help me live a healthy, safe, stable life today. It’s appalling to think that an employer would be able to choose to cover one but not the other.
BREAKING: US District Judge Reed O’Connor in Texas rules that requiring employers to provide coverage for PrEP drugs (preventing the transmission of HIV) violates the religious rights of employers under federal law (RFRA).
O’Connor also rules that the U.S. Preventive Services Task Force (PSFT) violates the Appointments Clause because he finds the members are officers of the United States not appointed properly.
O’Connor rejects several other claims, as to Appointments Clause claims and as to the nondelegation doctrine.
BREAKING: Judge Aileen Cannon grants Trump’s request and orders the appointment of a special master to review questions over the materials seized at Mar-a-Lago. She also halts use of the materials for “criminal investigative purposes” pending the special master’s review.
Cannon writes that executive privilege, in addition to attorney-client privilege, is on the table for the special master to consider—meaning everything would be reviewed. The executive privilege section (pp. 16-18) completely ignores the context in which this is coming up.