Welcome to European Tribune. It's gone a bit quiet around here these days, but it's still going.
Friday News Dump w/o Dec 11 in which the fwee press' post-cheeto, FIFTH WAVE campaign to impugn and divide SCOTUS impartiality by "shadow docket," ultra-liberal ultra-conservative "ideological leanings" and simple-ass "scorecard" headlines unraveled.

Here, christ SOTOMAYOR dissent STRIKES A BLOW against a BLM signature grievance by defending qualified immunity.

Here, weekly disposition of applications and petitions disclose voluntary RECUSALS

Here, SCOTUS dismisses DOJ's "improvident" application for cert, US v Texass; and

Here, SCOTUS grants in part Whole Women's Health standing actually to litigate in the 5th Cir the constitutional merits of of its own suit, enjoining the entire states' court officers, which US district court Judge Jackson improperly granted.

GORSUCH, J., announced the judgment of the Court, and delivered the opinion of the Court except as to Part II-C. ALITO, KAVANAUGH, and BARRETT, JJ., joined that opinion in full, and THOMAS, J., joined except for Part II-C. THOMAS, J., filed an opinion concurring in part and dissenting in part. ROBERTS, C. J., filed an opinion concurring in the judgment in part and dissenting in part, in which BREYER, SOTOMAYOR, and KAGAN, JJ., joined. SOTOMAYOR, J., filed an opinion concurring in the judgment in part and dissenting in part, in which BREYER and KAGAN, JJ., joined.

Morale of the story? US Americans handle due process.
archived Sun Sep 5th, 2021

by Cat on Sat Dec 11th, 2021 at 01:12:32 AM EST
[ Parent ]
Incidentally, 1st Circuit Judge Patricia Millett wrote a unanimous 68-page opinion revoking in part cheeto's prerogative to embargo executive correspondence that also revealed the political and legislative history of executive privilege.

And the senate passes a resolution to revoke in part EO 14043

by Cat on Sat Dec 11th, 2021 at 01:25:14 AM EST
[ Parent ]
JB is no FDR ... that chance he will not get! No political capital.

When FDR clashed with the SCOTUS--and Lost

The outpouring of millions of ballots for the Democratic ticket reflected the enormous admiration for what FDR had achieved in less than four years. He had been inaugurated in March 1933 during perilous times ...

'Sapere aude'

by Oui (Oui) on Sat Dec 11th, 2021 at 09:33:34 AM EST
[ Parent ]
plenty of crackers tho' in congress.
so there's that.
by Cat on Sun Dec 12th, 2021 at 12:03:07 AM EST
[ Parent ]
The Thomas court < wipes tears >
Thomas joined three of his colleagues to dissent in the 1992 case Planned Parenthood v. Casey
Held: The judgment in No. 91-902 is affirmed; the judgment in No. 91-744 is affirmed in part and reversed in part, and the case is remanded.

JUSTICE SCALIA, joined by THE CHIEF JUSTICE, JUSTICE WHITE, and JUSTICE THOMAS, concluded that a woman's decision to abort her unborn child is not a constitutionally protected "liberty" because (1) the Constitution says absolutely nothing about it, and (2) the longstanding traditions of American society have permitted it to be legally proscribed. See, e. g., Ohio v. Akron Center for Reproductive Health, 497 U. S. 502, 520 (SCALIA, J., concurring). The Pennsylvania statute should be upheld in its entirety under the rational basis test. Pp. 979-981.

O'CONNOR, KENNEDY, and SOUTER, JJ., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, III, V-A, V-C, and V, in which BLACKMUN and STEVENS, JJ., joined, an opinion with respect to Part V-E, in which STEVENS, J., joined, and an opinion with respect to Parts IV, V-B, and V-Do STEVENS, J., filed an opinion concurring in part and dissenting in part, post, BLACKMUN, J., filed an opinion concurring in part, concurring in the judgment in part, and dissenting in part, post, REHNQUIST, C. J., filed an opinion concurring in the judgment in part and dissenting in part, in which WHITE, SCALIA, and THOMAS, JJ., joined, SCALIA, J., filed an opinion concurring in the judgment in part and dissenting in part, in which REHNQUIST, C. J., and WHITE and THOMAS, JJ., joined

Chief Justice John Roberts was left out in the cold when he repeatedly suggested the court could move the viability line without completely overturning the precedent.
Critics were then shocked when Thomas first related abortion to eugenics, but now that idea is more commonplace in the movement to ban abortion.
Thanks to procedural guidelines from Covid-19 [?], Thomas -- who was once silent in arguments for 10 years -- now asks the first question [!!] in every argument session.
What were the questions? SCOTUS oral argument transcripts, 2010-2021
It is in no way guaranteed that Thomas would write the opinion in Dobbs even if he has seniority [tenure, 1991-present] in the majority, but the possibility is indicative of his new position of power on the high court and his influential career that has shaped the high court's direction over the last 30 years.
needs moar "original" sex offender, definitely more "liberal" O'CONNOR, KENNEDY, and SOUTER ideological nuance for millenials

archived let the yella press pick yer villains

by Cat on Sun Dec 12th, 2021 at 02:55:34 AM EST
[ Parent ]
Roe v Wade (1973)
In the first trimester of pregnancy [1*-12 wks], the state may not regulate the abortion decision; only the pregnant woman and her attending physician can make that decision. In the second trimester [13-26 wks], the state may impose regulations on abortion that are reasonably related to maternal health. In the third trimester [ >27 wks], once the fetus reaches the point of "viability," a state may regulate abortions or prohibit them entirely, so long as the laws contain exceptions fthe or cases when abortion is necessary to save the life or health of the mother.
Casey details as to state regulate pregnancy ensue...

* When exactly does pregnancy begin? ask public property owners wielding ultrasound guns.

by Cat on Sun Dec 12th, 2021 at 03:41:20 AM EST
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Newsom borrows Texas abortion law legislature's logic < wipes tears >
Rather than targeting abortion providers, Newsom wants to empower Californians to go after "anyone who manufactures, distributes or sells" assault weapons or untraceable `ghost gun' kits. "If the most efficient way to keep these devastating weapons off our streets is to add the threat of private lawsuits," Newsom said in a statement, "we should do just that."
I have directed my staff to work with the Legislature and the Attorney General on a bill that would create a right of action allowing private citizens [?!] to seek injunctive relief, and statutory damages of at least $10,000 per violation plus costs and attorney's fees, against anyone who manufactures, distributes, or sells an assault weapon or ghost gun kit or parts in the State of California."
archived L'etat c'est We the People
by Cat on Mon Dec 13th, 2021 at 08:35:01 PM EST
[ Parent ]
Florida Man unveils legislation to let parents sue schools that teach critical race theory
DeSantis announced the Stop the Wrongs to Our Kids and Employees (WOKE) Act, which he said in a statement would be "the strongest legislation of its kind in the nation and will take on both corporate wokeness and Critical Race Theory."
7 National examples of Critical Race Theory
The bill, which also allows parents to collect attorney fees, includes a similar provision as a Texas bill restricting access to abortion, which permits citizens to sue people who provide and aid in the provision of abortions. Plaintiffs there can also collect attorney fees.
3 attempts to teach Critical Race Theory in Florida
by Cat on Thu Dec 16th, 2021 at 12:48:00 AM EST
[ Parent ]
still unravelling ...

USAToday's approving rehab of "shadow docket" instruments if presented by SOTOMAYOR, ROBERTS, KAVANAUGH, The Anti-RBG, KAGAN, BREYER--but filtered through remarks of the obviously crypto-catholic "swinger" GORSUCH.

"Sometimes dissenting religious beliefs can seem strange and bewildering. In times of crisis, this puzzlement can evolve into fear and anger," Gorsuch wrote in dissenting from the decision to not block the mandate's enforcement. "One can only hope today's ruling will not be the final chapter in this grim story," he continued.
by Cat on Mon Dec 13th, 2021 at 11:59:53 PM EST
[ Parent ]
still unraveling ...
[MISOGYNIST "Louisiana-based"] Fifth Circuit OVERTURNS ["]nationwide["] injunction vaccine mandate prohibiting EO 14042, 14043 health care workers [vaccination]
But the Fifth U.S. Circuit Court of Appeals -- which hears appeals from the federal courts in Louisiana, Mississippi and Texas -- was unconvinced that the lower court justified its injunction's [nation-]wide scope.
Articles of OBSCURE Confederacy:(unilateral | narrow) US district court jurisdiction has been on SCOTUS "(shadow | emergency) docket" back burner throughout TRUMP ERA ICE raids
"The question posed is whether one district court should make a binding judgment for the entire country," wrote the panel of three judges, who issued an unsigned "per curiam" opinion representing their views as one voice.

Noting that the Fifth Circuit has permitted one federal judge to issue nationwide policies[sic] in a 2015 immigration lawsuit filed by the state of Texas, the appellate panel differentiated the present vaccine mandate case from the immigration one, where there exists a "constitutional command for `uniform' immigration laws."

archived incorporation doctrine and appellee "venue shopping" AL, AZ, GA, LA, ID, IN, KY, MS, MT, OH, OK, SC, UT, and WV ("14 states")
With this injunction overturned, the Biden administration's vaccine mandate remains in effect in 25 states. The 14 states suing in the case before the Fifth Circuit, and 10 states that successfully sought an injunction for the mandate in late November, are temporarily exempted. Additionally, Texas was granted an exemption from the mandate by U.S. District Judge Matthew Kacsmaryk later on Dec. 15 in a separate federal lawsuit.
by Cat on Fri Dec 17th, 2021 at 06:46:21 PM EST
[ Parent ]
still unraveling ...
[6th Cir] Court allows Biden employer vaccine mandate to take effect
Twenty-seven Republican-led states joined with conservative groups, business associations and some individual businesses to push back against the requirement as soon as OSHA published the rules in early November. They argued the agency was not authorized to make the emergency rule, in part because the coronavirus is a general health risk and not one faced only by employees at work.

The panel's majority disagreed.

"Given OSHA's clear and exercised authority to regulate viruses, OSHA necessarily has the authority to regulate infectious diseases that are not unique to the workplace," Judge Julia Smith Gibbons, who was nominated to the court by former President George W. Bush, a Republican, wrote in her majority opinion

On Emergency Motion to Dissolve Stay.
Multi-Circuit Petitions for Review from an Order of the U.S. Department of Labor, Occupational Safety and Health Administration
Decided and Filed: December 17, 2021
Before: GIBBONS, STRANCH, and LARSEN, Circuit Judges.
STRANCH, J., delivered the opinion of the court in which GIBBONS, J., joined.
GIBBONS, J. (pg. 38), delivered a separate concurring opinion. LARSEN, J. (pp. 39-57), delivered a separate dissenting opinion.
The ETS requires that employees be vaccinated or wear a protective face covering and take weekly tests but allows employers to choose the policy implementing those requirements that is best suited to their workplace. The next day, the U.S. Court of Appeals for the Fifth Circuit stayed the ETS pending judicial review, and it renewed that decision in an opinion issued on November 12. Under 28 U.S.C. § 2112(a)(3), petitions challenging the ETS--filed in Circuits across the nation--were consolidated into this court. Pursuant to our authority under 28 U.S.C. § 2112(a)(4), we DISSOLVE the stay issued by the Fifth Circuit for the following reasons.
archived Sat Oct 9th, 2021, Sun Nov 7th, 2021
by Cat on Sat Dec 18th, 2021 at 08:43:49 PM EST
[ Parent ]
17 Dec 2021, index, abridged
by Cat on Sat Dec 18th, 2021 at 08:47:58 PM EST
[ Parent ]
scheduled three (3) days after the contested effective date of OSHA regulation of EO 14043, 14042; date of ruling TBD, quite possibly kicking the can of injunctions DENIED petitions into the fall term.

ORDER LIST: 595 U.S., 22 Dec

Consideration of the applications (21A244 and 21A247) for stay presented to Justice Kavanaugh and by him referred to the Court is deferred pending oral argument. The applications are consolidated, and a total of one hour is allotted for oral argument. The applications are set for oral argument on Friday, January 7, 2022.
ORDER LIST: 595 U.S., 22 Dec
Consideration of the application (21A240) for stay presented to Justice Kavanaugh and by him referred to the Court is deferred pending oral argument. Consideration of the application (21A241) for stay presented to Justice Alito and by him referred to the Court is deferred pending oral argument.
yella sheet constitutional crisis story
by Cat on Thu Dec 23rd, 2021 at 03:25:06 PM EST
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