With a lot of Takes going around, I think it's important to say two things that Chevron is NOT. /1 1. Chevron is NOT agency fact-finding. If the agency finds that X or Y occurred as a historical fact, that is reviewed to see if the finding is supported by substantial evidence. Not Chevron. /2

A disappointing update in Dawson, where @BryanLammon and I filed in support of rehearing regarding the Rule 3(c) amendments. #CA10 today amended the opinion, saying in a footnote that the amendments are not retroactive. And denied our motion for leave to file.

#AppellateTwitter Decision appears to create an intra-circuit split (#CA10 applied the Torres Rule 3(c) amendments retroactively) and an inter-circuit split (#CA1 applied these Rule 3(c) amendments retroactively). But the Court did reset the time to seek rehearing, so maybe we're not done yet.

I meme'd it below, but now for the serious thread.

As many here know, I've been litigating consent by registration for years now. And my pal @tsle33 and his colleagues got the party argument, but I wanted to stay involved. /1

https://twitter.com/smmarotta/status/1565769271602515969

I've been citing Tanya's excellent and oft-cited article on corporate registration and consent for a long time, so I cold emailed her asking if she was interested in filing an amicus brief in Mallory, #SCOTUS's chance to pass on consent by registration's constitutionality. /2

Here is the thread for the #CMS vaccine mandate argument, which is starting now. First up is Brian Fletcher, the principal deputy solicitor general, who is arguing for CMS. /1 Fletcher argues that vaccination of medical staff is best way to protect Medicare and Medicaid beneficiaries and that CMS carefully considered and rejected fear of staffing shortages and alternatives. /2

Good morning and welcome to my live tweet of the #SCOTUS #VaccineMandate oral arguments, brought to you by @ahahospitals.

We're nine minutes out from the Court taking the bench. First up today will be arguments on whether to stay the #OSHA vaccinate-or-test mandate. /1 All of the justices except Sonia Sotomayor will be in the courtroom for oral argument today. Justice Sotomayor, who is diabetic, will be participating from her Chambers by phone. Also, Ohio Solicitor General Ben Flowers will argue by phone as he tested positive for COVID. /2

In BIG news for #PersonalJurisdictionTwitter, the Pennsylvania Supreme Court UNANIMOUSLY holds that consent by registration under Pennsylvania's long-arm statute violates the Due Process Clause. /1

#AppellateTwitter With the Philadelphia Court of Common Pleas a popular plaintiff destination, many thought that the PA Supreme Court would uphold consent by registration. And PA's statute was unusually clear that it imposed general jurisdiction as a consequence of registering. /2

Here it is! The big Multicircuit Lottery step-by-step thread for what will happen tomorrow! For all of those on the edge of your seat/prewriting articles!

#AppellateTwitter 1. OSHA will e-file what is called a "Notice of Multicircuit Petitions for Review" with the JPML. It will include as appendicies a schedule of all lottery-compliant petitions (which may not be all petitions) and copies of each. It will be docketed as MCP 165.

Good question! It's different for every client that embeds appellate counsel, but I've done two for the same client and this is what I do. /1

https://twitter.com/AndrewBernstei9/status/1402775803168006156

Appellate counsel is attached when a case is set for trial and looks like it's actually going to go. My first order of business is to prepare motions in limine and argue them before trial. I also attend the pre-trial conference. /2

As outside counsel for @AHAhospitals, I will be live tweeting the #SCOTUS oral argument and providing analysis starting at 10 a.m. today. Opinions are mine. Read my earlier piece on their blog:
aha.org/news/blog/2020…. 1/ After the Chief Justice calls the case, we'll hear from Michael Mongan, the Solicitor General of California, who represents the coalition of States defending the ACA. He'll start with two minutes uninterrupted for an opening statement. 2/

I talk about this question a lot when doing panels on social media. There are no good answers, but I think it's useful to tease apart a few different kinds of "sail trimming." /1

https://twitter.com/ssamcham/status/1268972644709412869

Some sail trimming is needed as either an ethical or good-partnership practice. For instance, when you work in a firm (esp. a big one), what you publish or say in your professional role is often constrained by who the firm represents, even if you don't know them. /2

So here's a boring procedural take on these petitions while you enjoy your leftovers. /1

https://twitter.com/chrisgeidner/status/1066073828948918272

The government says that it needs certiorari before judgment because without it, review would not take place until October Term 2019. /2