Welcome to European Tribune. It's gone a bit quiet around here these days, but it's still going.
Display:
still unravelling ...
WE THE PATRIOTS USA, ET AL. V. HOCHUL, GOV. OF NY, ET AL.
denied
DR. A, ET AL., APPLICANTS v. KATHY HOCHUL, GOVERNOR OF NEW YORK, ET AL.
denied

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

MASSACHUSETTS BUILDING TRADES COUNCIL; BENTKEY SERVICES, LLC; PHILLIPS MANUFACTURING & TOWER COMPANY; COMMONWEALTH OF KENTUCKY, et al. v US DEPARTMENT OF LABOR, OSHA, et al.
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
NAT. FED'N OF INDEP. BUS., ET AL. V. DEPT. OF LABOR, OSHA, ET AL; OHIO, ET AL. V. DEPT. OF LABOR, OSHA, ET AL.

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
BIDEN, PRESIDENT OF U.S., ET AL. V. MISSOURI, ET AL.;
BECERRA, SEC. OF H&HS, ET AL. V. LOUISIANA, ET AL.
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
[ Parent ]

Display:

Top Diaries

Occasional Series