Chris “Law Dork” Geidner Profile picture
Subscribe to Law Dork to get my SCOTUS reporting and other legal news. / Email: lawdorknews@gmail.com / Sober. Queer. Bipolar. Buckeye. (He/him.)
41 subscribers
Nov 19 9 tweets 3 min read
This is the shot of the night.

Schumer is filing cloture on several judicial nominations. Republicans are forcing them to go into executive session separately for each nomination. The Dems are just pushing ahead. Here was Schumer before the 10th vote, by my count, began. Schumer at the lectern, hands gripping over the top of it.  TEXT:  MR. SCHUMER: I MOVE TO PROCEED TO EXECUTIVE SESSION TO CONSIDER CALENDAR 711. By the Republicans refusing to give unanimous consent, the Dems are having to go through a series of procedural votes on each nominee.

They're passing on party-line votes, but the Republicans are literally just forcing them to take hours on this.
Oct 20 4 tweets 2 min read
BREAKING: The Fifth Circuit blocks an order from Judge Reed O'Connor that Media Matters turn over donor information to X Corp. in a lawsuit over the group's coverage of X, holding MM is likely to succeed in stopping disclosure.

More to come at Law Dork: lawdork.comX Corp., Plaintiff—Appellee, versus Media Matters for America; Eric Hananoki; Angelo Carusone, Defendants—Appellants. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 4:23-CV-1175 ______________________________ Before Smith, Graves, and Engelhardt, Circuit Judges. Per Curiam: Media Matters, Inc., appeals the district court’s discovery order com- pelling it to disclose its donors’ information and communications. We grant Media Matters’s motion for stay pending appeal. The panel had a far-right majority, too, with both Judge Jerry Smith, a Reagan appointee, and Judge Kurt Engelhardt, a Trump appointee, on it — so, if O'Connor had a shot, it was here. Judge James Graves, an Obama appointee, was the third judge. Opinion: documentcloud.org/documents/2524…Because X Corp.’s discovery requests are disproportional to the needs of the case, Media Matters is likely to succeed on the merits of its appeal. See Fed. R. Civ. P. 26(b)(1). IV. Because all factors support staying the discovery order pending appeal, Media Matters’s October 2, 2024, motion for a stay pending appeal is GRANTED. The district court’s September 27, 2024, order compelling production is STAYED pending further order of this court. Media Mat- ters’s motion for administrative stay is DISMISSED as moot. Nothing in this opinion is to be construed as a comment on the ultimate merits ...
Oct 16 5 tweets 2 min read
I do think it's important to talk about this as it is. The GOP AGs are *asking* to amend their complaint in the existing lawsuit. It has some new claims, but most was already in their earlier complaint. And, DOJ has already said the entire case should be tossed. They are doing this because they want to stay in front of Kacsmaryk — despite the fact that he is a Northern District of Texas judge and they are the Missouri, Kansas, and Idaho AGs. And despite the fact that SCOTUS already said the original plaintiffs lacked standing.
Sep 6 4 tweets 2 min read
NEW: Alito continued, as of the end of 2023, to own shares of more than 25 companies' stocks.

Under our "financial disclosure" system, we learned of Alito's 12/31/23 stock holdings in a delayed report not filed until 8/13/24 and not posted until today.
documentcloud.org/documents/2510…
Image As you might recall, Law Dork reported on two of Alito's stock trades earlier this year, when a "Periodic Transaction Report" revealed that he sold at least some of his stock in Anheuser-Busch and bought stock in Molson Coors on 8/14/23. lawdork.com/p/alito-bud-li…
Aug 27 14 tweets 5 min read
BREAKING: A superseding, post-immunity ruling indictment against Donald Trump has been issued in federal court in DC. storage.courtlistener.com/recap/gov.usco…
Image Background: Here's my Law Dork report on the July Supreme Court immunity ruling. lawdork.com/p/robertss-maj…
Aug 27 4 tweets 2 min read
NEWS: The ACLU has filed their brief at the Supreme Court on behalf of the plaintiffs challenging Tennessee's ban on gender-affirming medical care for minors.

Background at Law Dork: lawdork.com/p/scotus-takes…
Image Here's the ACLU brief, calling on the Supreme Court to vacate the Sixth Circuit's ruling from last year holding that the Tennessee ban is likely constitutional: supremecourt.gov/DocketPDF/23/2…
If left uncorrected, the Sixth Circuit’s reasoning will have far-reaching consequences. It will effectively immunize all forms of government discrimination against transgender people from meaningful constitutional scrutiny. And it will force the families at the center of this case (and countless others like them) to lose the very medical care that has allowed their children to grow and thrive. This Court should vacate the Sixth Circuit’s misguided decision, reaffirm that all sex classifications receive heightened scrutiny, and remand for further proceedings or reverse the judgment.
Aug 23 7 tweets 2 min read
lmaoooooo these quotes from ag garland's announcement of the realpage antitrust lawsuit
So today, after a nearly-two-year investigation, the Justice Department, joined by eight states, has sued RealPage, a commercial real estate software company, for violating the Sherman Antitrust Act.RealPage sells landlords what it calls “revenue management” software. We allege that this software is developed, marketed, and sold to enable landlords to sidestep vigorous competition in the rental market. Competing landlords agree to submit to RealPage, on a daily basis, their most sensitive, non-public information, including rental rates, lease terms, and projected vacancies.  RealPage then c...
A large number of landlords effectively agree to outsource their pricing decisions to RealPage by using an “auto accept” setting, which effectively permits RealPage to determine the price a renter will pay.  Landlords understand what their arrangement with RealPage gets them. As one said, “I always liked this product because your algorithm uses proprietary data from other subscribers to suggest rents and terms. That’s classic price fixing.”  And RealPage understands what it’s doing, too. In advertising its service to landlords, RealPage frequently says that a “rising tide raises all ships.”...
*serious voice*

Here's the complaint: storage.courtlistener.com/recap/gov.usco…
Aug 22 7 tweets 3 min read
BREAKING: SCOTUS, on a 5-4 vote, allows Arizona to enforce AZ law requiring "documentary proof of citizenship" to register to vote on state forms, but, over 3 noted dissents, keeps other parts of the law blocked applying that requirement to those registering w/ the federal form. THURSDAY, AUGUST 22, 2024  ORDER IN PENDING CASE  24A164 REPUBLICAN NAT. COMM., ET AL. V. MI FAMILIA VOTA, ET AL.  The application for stay presented to Justice Kagan and by her referred to the Court is granted in part and denied in part. The district court’s May 2, 2024 judgment is stayed only to the extent it enjoins enforcement of Ariz. Rev. Stat. Ann. § 16-121.01(C) pending disposition of the appeals in the United States Court of Appeals for the Ninth Circuit and disposition of a petition for a writ of certiorari, if any such writ is timely sought. ... In the event certiorari is granted... Here's the SCOTUS docket:

Here's the Arizona law at issue: supremecourt.gov/docket/docketf…
azleg.gov/ars/16/00121-0…
Aug 9 4 tweets 2 min read
BREAKING: The Eighth Circuit blocks the Biden administration from implementing the SAVE student loan forgiveness program. The court previously issued an administrative stay blocking the program. media.ca8.uscourts.gov/opndir/24/08/2…
The Government is, for any borrower whose loans are governed in whole or in part by the terms of the Improving Income Driven Repayment for the William D. Ford Federal Direct Loan Program and the Federal Family Education Loan (FFEL) Program, 88 Fed. Reg. 43820, enjoined from any further forgiveness of principal or interest, from not charging borrowers accrued interest, and from further implementing SAVE’s payment-threshold provisions. This injunction will remain in effect until further order of this court or the Supreme Court of the United States. The administrative stay is hereby superseded. This three-judge panel was all Republican appointees (but that's not really a surprise, given the fact that there's only one Democrat on the Eighth Circuit).
Jul 18 4 tweets 2 min read
BREAKING: The full Fifth Circuit, on a 13-6 vote, upholds Mississippi’s lifetime ban on voting by those convicted of any of a number of felonies. A prior three-judge panel had held that the ban violates the 8th Amendment. The full court rejected that. storage.courtlistener.com/recap/gov.usco…
IV. Holding Art. XII, Section 241 of the Mississippi Constitution categorically unconstitutional, even as to a limited set of offenders, is at odds with the Supreme Court's and other courts' decisions, would thwart the ability of the State's legislature and citizens to determine their voting qualifications, and would require federal courts overtly to make legislative choices that, in our federal system, belong at the State level. The district court's judgment denying relief to the Plaintiffs is AFFIRMED. Judge Edith Jones, a Reagan appointee, writes the court’s opinion upholding Section 241 of the Mississippi Constitution. Here is that provision, which lists the convictions subject to lifetime disenfranchisement. Section 241 of the Mississippi Constitution: Every inhabitant of this state, except idiots and insane persons, who is a citizen of the United States of America, eighteen (18) years old and upward, who has been a resident of this state for one (1) year, and for one (1) year in the county in which he offers to vote, and for six (6) months in the election precinct or in the incorporated city or town in which he offers to vote, and who is duly registered as ovided in this article, and who has never been convicted of murder, rape, bribery, theft, arson, obtaining money or goods under false prete...
Jun 20 8 tweets 2 min read
It's a two-box day at SCOTUS, meaning we're expecting three or four opinions (or two very long opinions). Decisions starting at 10a. First up, Moore v. US. Kavanaugh has the opinion affirming the Ninth Circuit. The Moores lose. The Mandatory Repatriation Tax is constitutional.

It is 5-2 (concur in judgment)-2 (dissent).

Alito did not recuse.

supremecourt.gov/opinions/23pdf…
Apr 16 4 tweets 2 min read
Breaking: Booksellers' challenge to Texas's book-ban regime succeeds at the Fifth Circuit.

Today, the full Fifth Circuit announced that the far-right judges of the court LOST a vote for rehearing en banc 8-9 after a 3-judge panel had previously upheld the dist ct's injunction. PUBLISHED ORDER Before Wiener, Willett, and Douglas, Circuit Judges. Per Curiam: The court having been polled at the request of one of its members, and a majority of the judges who are in regular active service and not disqualified United States Court of Appeals Fifth Circuit FILED April 16, 2024 Lyle W. Cayce Clerk No. 23-50668 2 not having voted in favor (Fed. R. App. P. 35 and 5th Cir. R. 35), on the Court’s own motion, rehearing en banc is DENIED. In the en banc poll, eight judges voted in favor of rehearing (Chief Judge Richman and Judges Jones, Smith, Elrod, Ho, Duncan, Engelhardt, an... Surprising no one, Ho wrote to express his dissent. storage.courtlistener.com/recap/gov.usco…
Mar 4 9 tweets 3 min read
There is highly questionable action from the Fifth Circuit this weekend, flagged to me by @steve_vladeck. On Saturday, the Fifth Circuit issued "a temporary administrative stay," allowing Texas S.B. 4 — the challenged Texas immigration law — to go into effect in 7 days. COURT ORDER granting a temporary administrative stay is granted. The Appellees’ request to stay the temporary administrative stay for seven days following the date hereof pending an application to the Supreme Court of the United States is granted. It is further ordered that this appeal is expedited to the next available Oral Argument Calendar.It is further ordered that Appellants’ opposed motion for a stay pending appeal is deferred to the oral argument merits panel thatreceives this case. [43] [24-50149] (CCR) [Entered: 03/02/2024 06:13 PM] Here's my thread on the preliminary injunction ruling from Feb. 29:
Jan 2 4 tweets 2 min read
BREAKING: Fifth Circuit holds that fed'l emergency room protections (EMTALA) do not mandate that physicians provide abortions when that is the "stabilizing treatment" needed, upholding an injunction issued in a lawsuit brought by Texas. More to come: lawdork.com Here's the opinion: storage.courtlistener.com/recap/gov.usco…
Dec 28, 2023 4 tweets 2 min read
"What do you want me to say about slavery?" should be the end of Nikki Haley's political career. Q: What was the cause of the United States Civil War? Haley: Well, don’t come with an easy question or anything. I mean, I think the cause of the Civil War was basically how government was going to run. The freedoms and what people could and couldn’t do. What do you think the cause of the Civil War was? Q: I’m not running for president. I wanted to hear you view on the cause of the Civil War. Haley: I mean, I think it always comes down to the role of government. We need to have capitalism, we need to have economic freedom, we need to make sure that we do all things so that individuals have ... Video:
Dec 11, 2023 6 tweets 2 min read
BREAKING: Supreme Court will NOT hear case over Washington's conversion therapy ban, over the objection of Thomas, Alito, and Kavanaugh. Thomas and Alito write.
Image
Image
Supreme Court also DENIES RFK Jr.'s request to intervene at SCOTUS in Murphy v. Missouri, the case over Biden administration social media influence out of the Fifth Circuit. Thomas notes his dissent. Image
Oct 11, 2023 5 tweets 2 min read
BREAKING: On a 2-1 vote, the 11th Circuit DENIES Florida’s request that it be allowed to enforce its anti-drag law against everyone in the state except the plaintiffs during the appeal.

tl;dr: The law remains wholly blocked.

Background at Law Dork: lawdork.com/p/florida-anti…
Image Jordan and Rosenbaum, both Obama appointees, hold that the district court did not abuse its discretion in granting an injunction prohibiting all enforcement of the ban, given its underlying finding that the law is likely overbroad and this likely facially unconstitutional.
Oct 10, 2023 8 tweets 3 min read
Oh my god, y'all. I wrote last night about how out of control the Fifth Circuit is — — but I had NO IDEA what was coming down the pike ...lawdork.com/p/the-supreme-… Today, Judge Jerry E. Smith published a mock opinion as an attachment to a dissent in a death penalty case, writing that it's "the Fifth Circuit panel opinion that should have been issued." He literally published it, putting other judge's names on it! I am losing my mind here.
Jerry E. Smith, Circuit Judge, dissenting:  The majority opinion is grave error. It succumbs to a vapid lastminute attempt to stay an execution that should have occurred decades ago.  In the interest of time, instead of penning a long dissent pointing to the panel majority’s and district court’s myriad mistakes, I attach the Fifth Circuit panel opinion that should have been issued.  I respectfully dissent
The first page of Judge Jerry E. Smith's fake opinion.
Sep 26, 2023 4 tweets 2 min read
BREAKING: The U.S. Supreme Court rejects Alabama’s attempts to use its new congressional maps that a lower court ruled illegal or stop that lower court from redrawing the state’s congressional maps to conform with the Voting Rights Act. There were no noted dissents.
ORDER LIST:  600 U.S.) TUESDAY, SEPTEMBER 26, 2023    ORDER IN PENDING CASE 23A241      ALLEN, AL SEC. OF STATE V. CASTER, MARCUS, ET AL.                   The application for stay presented to Justice Thomas and by             him referred to the Court is denied.
ORDER LIST:  600 U.S.) TUESDAY, SEPTEMBER 26, 2023    ORDER IN PENDING CASE 23A231      ALLEN, AL SEC. OF STATE V. MILLIGAN, EVAN, ET AL.                   The application for stay presented to Justice Thomas and by             him referred to the Court is denied.
Alabama passed a map this summer with just one majority-Black district after the Supreme Court affirmed a lower-court ruling that two “opportunity districts” were required. Alabama was asking #SCOTUS to let it use the one-district map. The court resoundingly said no this morning.
Sep 25, 2023 7 tweets 3 min read
The Fifth Circuit granted panel rehearing in the social-media case against the Biden administration one business day after LA/MO requested it, before the government responded, and while the injunction is administratively stayed by SCOTUS pending a ruling on a stay request. The Fifth Circuit is not a court of law, exhibit 893507.
Sep 14, 2023 4 tweets 2 min read
Breaking: As a result of the Georgia court severing the speedy trial cases, and the 11th Circuit setting an expedited briefing schedule on Mark Meadows’s appeal in his removal action, Meadows moves to *withdraw* his motion for a stay pending appeal. storage.courtlistener.com/recap/gov.usco…
Image As a part of that motion, Meadows notes that tomorrow’s scheduled arguments mightn’t be necessary.