Welcome to European Tribune. It's gone a bit quiet around here these days, but it's still going.
Preface to press narrative propelling the bogus shadow docket theory of partisan preference in the court of last resort deeper into the febril minds of the populus is this: "You can't handle Due Process"

Federal US District ct judge blocks Texass' 6-week abortion ban* law, S.B. 8 per US v Texass pleading

The court was able to decide[sic] this through the use of the shadow docket, which allows[sic] the high court to rule[sic] on issues without going through the ["]traditional["] appeals channels appellate court review or allowing for oral argument.
With S.B. 8 about to go into effect, Plaintiffs filed an application for injunctive relief or, in the alternative, to vacate the Fifth Circuit's stays of this Court's proceedings with the Supreme Court. Whole Woman's Health v. Jackson, No. 21A24, 2021 WL 3910722, at *1 (U.S. Sept. 1, 2021). At midnight, S.B. 8 became law, and that night the Supreme Court issued its [plurality and dissenting] opinions denying Plaintiffs' request [Application (21A24)] for an injunction or stay. Id.
What was the question?
While acknowledging that Plaintiffs had "raised serious questions regarding the constitutionality of the Texas law at issue[,]" the Supreme Court expressed concern about the "complex and novel antecedent procedural questions." Id. [Pitman, p 11; emphasis added]

[SCOTUS] Justices did allude to the Texas law in question returning to them in the traditional appeals process. With federal US District ct judge ruling against the state [motion to dismiss Plaintiff's motion to proceed before Plaintiff's motion to enjoin the entire TX judiciary], it is likely officials the TX AG will appeal [US District ct's order] to the Fifth Circuit Court of Appeals, considered to be one of the most ideologically conservative federal appeals courts.

The reporter continues to propound numerous, redundant if popular interpretations of "Roe v Wade" case law which cap Texass et al.'s uhh momentous challenges to federal supremacy--before finally "alluding" to the diabolically uhh crafted constitutional questions presented by Dobbs (MS, appellant) v  Jackson Women's Health Organization , preceding by a cupla years in the python S.B.8's purported "deputing" construction on SCOTUS docket (schedule).
This case [US v Texass] has the potential < wipes tears > to be that very case that returns the Texas Heartbeat Act to the Supreme Court. However, the debate over abortion rights wages[sic] on as justices will hear arguments in a case concerning a Mississippi law that bans abortion within 15 weeks of gestation.[FALSE]
FIFO. alrighty then. FF >>| VI. CONCLUSION
US v Texass syllabus and order, issued by the US District Ct, Austin Div.(113 pp)
Based on the Court's findings of fact and conclusions of law:  
 IT IS ORDERED that the United States' Emergency Motion for Temporary Restraining Order or Preliminary Injunction, (Dkt. 8), is GRANTED as set out above in Section V.  
 IT IS FURTHER ORDERED that the States of Texas's Motion to Dismiss, (Dkt. 54), is DENIED.
 IT IS FURTHER ORDERED that Amici States' Unopposed Motion for Leave to File Brief as Amici Curiae, (Dkt. 9), is GRANTED.
 IT IS FURTHER ORDERED that the United States' Opposed Motion for a Protective Order of Audiovisual Recordings, (Dkt. 36), is DENIED.
Where did the US District ct rationale err in fact or law?

* This syntax is comically ambiguous. How'd that get past a COPY EDITOR?

by Cat on Thu Oct 7th, 2021 at 10:56:30 PM EST
[ Parent ]
The ["ideologically conservative"] Fifth Circuit recently reinforced the concept that states may not sue the federal government in parens patriae to enforce Constitutional rights because the federal government is the ultimate parens patriae when it comes to enforcement of the Constitution. Brackeen v. Haaland, 994 F.3d 249, 292 n.13 (2021) (rehearing en banc) (quoting Katzenbach, 383 U.S. at 324).
< wipes tears > FIFTH WAVE be, like, saaaywut
by Cat on Thu Oct 7th, 2021 at 11:52:13 PM EST
[ Parent ]
in re Debs [waitwut]

In re Debs et al Art. 1, interstate commerce clause--applied and inferred--on the occasion of crushing the ("mostly black") Pullman strike of 1895: Brewer WHO?

3 'No trace is to be found in the constitution of an intention to create a dependence of the government of the Union on those of the states, for the execution of the great powers assigned to it. Its means are adequate to its ends, and on those means alone was it expected to rely for the accomplishment of its ends. To impose on it the necessity of resorting to means which it cannot control, which another government may furnish or withhold, would render its course precarious, the result of its measures uncertain, and create a dependence on other governments, which might disappoint its most important designs, and is incompatible with the language of the constitution.' Chief Justice Marshall in McCulloch v. State of Maryland, 4 Wheat. 316, 405, 424.

4  'Both the states and the United States existed before the constitution. The people, through that instrument, established a more perfect union by substituting a national government, acting, with ample power, directly upon the citizens, instead of the confederate government, which acted with powers, greatly restricted, only upon the states.' Chief Justice Chase in Lane Co. v. Oregon, 7 Wall. 71, 76.

Articles of Confederation, possibly the latest HUNPOLXIT CRISIS
5 'We hold it to be an incontrovertible principle that the government of the United States may, by means of physical force, exercised through its official agents, execute on every foot of American soil the powers and functions that belong to it. This necessarily involves the power to command obedience to its laws, and hence the power to keep the peace to that extent.'
"Obama appointee" Pitman, III. Legal  Standards, 2. Cause of Action [p 38]
a. The Foundations of the Equitable Remedy

Equitable remedies have a long been established as tools available to courts, predating the Constitution itself. See Irvine v. Marshall, 61 U.S. 558, 565 (1857) ("[C]ases in equity are to be understood [as] suits in which relief is sought according to the principles and practice of the equity jurisdiction, as established in English jurisprudence"). The federal judicial power extends to "all cases, in law and equity, arising under [the] Constitution[,]" U.S. CONST. art. III, § 2, through which grant of authority "adopt[s] equitable remedies in all cases . . . where such remedies are appropriate." Paine Lumber Co. v. Neal, 244 U.S. 459, at 475 (1917). As Justice Scalia [LOL!] has explained, suits in equity to "enjoin unconstitutional actions by state and federal officers" are a judge-made remedy deeply rooted in American jurisprudence, reflecting "a long history of judicial review . . . , tracing  tracing back to England [LOL!]." Armstrong v. Exceptional Child Ctr., Inc., 575 U.S. 320, 327 (2015) (quoting Jaffe & Henderson, Judicial Review and the Rule of Law: Historical Origins, 72 L.Q. REV 345 (1956)).

archived game theory,(c) removing 1st and 7th amdt rights granted "private persons"
by Cat on Fri Oct 8th, 2021 at 05:23:48 PM EST
[ Parent ]
L'etat c'est We the People: exceptions, Pitman, pp 62-93, Mitch O'bama School of ConLaw
The exception "rests on the fiction . . . that because a sovereign state cannot commit an unconstitutional act, a state official enforcing an unconstitutional act is not acting for the sovereign state and therefore is not protected by the Eleventh Amendment." Okpalobi v. Foster, 244 F.3d 405, 411 (5th Cir. 2001). Because state officials lack sovereign immunity protection in a suit brought by the United States, this Court need not address whether their conduct falls within the Ex parte Young exception.40 Even so, the Supreme Court's reasoning for creating the Ex parte Young exception informs this Court's determination. The exception "is based in part on the premise that sovereign immunity bars relief against States and their officers in both state and federal courts, and that certain suits for declaratory or injunctive relief against state officers must therefore be permitted if the Constitution is to remain the supreme law of the land." Alden, 527 U.S. at 747. It is rooted in the "supreme authority of the United States." Young, 209 U.S. at 167.

Lacking the protections of sovereign immunity, an injunction against the State also would run as to people who act as an arm of the state, such as state judicial officials like judges and court clerks. Given that it is the threat of S.B. 8 lawsuits that deters providers from offering abortion care services, see supra Section IV(B)(1)(a)(i), an injunction must halt existing S.B. lawsuits and prevent new suits from being maintained by the state judiciary. Even though private individuals file S.B. 8 lawsuits, the state judiciary plays a role in the lawsuits through several official actions including docketing, maintaining, hearing, and rendering relief in an S.B. 8 lawsuit.41
Any argument that the State, through its judicial system and judges, is not involved in the enforcement of S.B. 8 lawsuits is contradicted by the plain language of the statute and by the reality of how state courts operate as an arm of the state to enforce the law, especially when the State has intentionally crafted a statute to employ private citizens[sic] as its proxy. Put simply, the State's participation in enforcing S.B. 8 lawsuits amounts to actionable state action. See Shelley, 334 U.S. at 18 ("[I]t has never been suggested that state court action is immunized from the operation of [the Fourteenth Amendment] simply because the act is that of the judicial branch of the state government.").
In Jackson, the Fifth Circuit's analysis of its appellate jurisdiction over a private individual who might sue under S.B. 8 hinged on the fact that the "connection between judges, clerks, and [the private individual are] impossible to miss." Jackson, 2021 WL 4128951, at *7. So much so that the Fifth Circuit determined that the private individual's "jurisdictional issues [under S.B. 8] are `inextricably intertwined' with the same issues in the State Defendants' appeal . . . ." Id. (quoting Swint v. Chambers Cty. Comm'n, 514 U.S. 35, 51 (1995)). S.B. 8 vests private individuals with the authority to enforce the statute, "a traditionally exclusive state power." (Mot. Prelim. Inj., Dkt. 8, at 40). The Chief Justice of the Supreme Court has himself described the statutory scheme as "unprecedented" and noted that it "delegated enforcement* . . . to the populace at large. . . . to insulate the State from responsibility for implementing and enforcing the regulatory regime." Jackson, 2021 WL 3910722, at *1 (Roberts, C.J., dissenting).  

As such, private individuals enforcing S.B. 8 are properly regarded as state actors. "Individuals suing under S.B. 8 are not suing `for violation of distinct legal duties owed' to them as individuals, but instead are suing `for violation of legal duties owed the public.'" (Mot. Prelim. Inj., Dkt. 8, at 40) (quoting Texas v. Dep't of Labor, 929 F.3d 205, 213 (5th Cir. 2019)).

Courts have characterized private parties as state actors where a state allows or is involved with conduct that would be unconstitutional should the state itself engage in that conduct.42 See also Edmonson v. Leesville Concrete Co., 500 U.S. 614, 621-22 (1991) ("Our precedents establish that, in determining whether a particular action or course of conduct is governmental in character, it is relevant to examine the following: the extent to which the actor relies on governmental assistance and benefits; whether the actor is performing a traditional governmental function; and whether the injury caused is aggravated in a unique way by the incidents of governmental authority.") (internal citations omitted). Apt is Shelley, a 1948 case brought by the Kraemers, a white couple, against the Shelleys, a Black couple, to stop the Shelleys from moving into the house they had just purchased in a St. Louis neighborhood.43 334 U.S. at 4-6. The Kraemers sought to enforce the terms of a restrictive covenant that specifically excluded Blacks from occupying the property.
* trans. note: to depute; bf emphases added throughout. < wipes tears > sins, stains, apologies
archived Alien Tort Act, color of law, obedience I, obedience II
by Cat on Sun Oct 10th, 2021 at 02:43:56 PM EST
[ Parent ]
Texass AG Paxton appeals US temporary restraining order.
APsplainin dumps Pitman's "blistering" 113 pp opinion without comment as to the actual constitutional complaint presented by DOJ and equivocates findings of fact--purported harmful effects of S.B.8--as well as law--namely any SCOTUS constitutional precedent, cited in foresaid complaint.  
by Cat on Sat Oct 9th, 2021 at 12:51:10 AM EST
[ Parent ]
plucky courthousnews reporter dives into the bogus shadow docket, retrieves KY appeal of 6th Cir injunction ...Abortion and the high court: Kentucky FIRST[?] up in a growing MOVEMENT, Tues, 12 Oct 2021
House Bill 454, as the law is officially known, would bar a dilation and evacuation procedure -- the country's most common method for abortion of a fetus in the second trimester [TRUE] -- unless that fetus is already dead.[FALSE]
cf. 5th Cir. "blistering" opinion reversing US District ct. factual and procedural errors in Whole Woman's Health et al. v Paxton, et al., 18 Aug 2021
After the Sixth Circuit affirmed an injunction for the clinic, the [KY] health secretary appointed by U.S. District Judge Joseph [eh?] opted to drop further appeal. Rather than late the case die, however, [AG Daniel] Cameron in turn moved to intervene.
What is the question?
  1. Whether a state attorney general vested with the power to defend state law should be permitted to intervene after a federal court of appeals invalidates a state statute when no other state actor will defend the law.
  2. And if so, whether the Court should vacate the judgment below and remand for further consideration in light of June Medical.
"EMW ignores that the Attorney General moved to intervene in his capacity as the Commonwealth of Kentucky's chosen agent to represent its sovereign interests in court," Cameron argues in a reply brief.

The justices granted [KY] certiorari in March [2021], amid several other abortion-related case[s] that have been moving through the appellate courts simultaneously. Back in [] June [2020], the Supreme Court voted 5-4 to strike down another strict Louisiana abortion law in the case June Medical Services LLC v. Russo.

Breyer, J., announced the judgment of the Court and delivered an opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined. Roberts, C. J., filed an opinion concurring in the judgment. Thomas, J., filed a dissenting opinion. Scalito, J., filed a dissenting opinion, in which Gorsuch, J., joined, in which Thomas, J., joined except as to Parts III-C and IV-F, and in which Kavanaugh, J., joined as to Parts I, II, and III. Gorsuch, J., and Kavanaugh, J., filed dissenting opinions.
archived Ima tell you how this is going down, BREYER MUST GO!, I pity the SCOTUS
by Cat on Sat Oct 9th, 2021 at 02:41:36 AM EST
[ Parent ]
REUTERS | U.S. Supreme Court leans toward letting Kentucky official defend abortion law
Why is that?
You have reached your article limit
Fight to limit abortion access in Kentucky focuses on AG's standing: What was the question?
to tackle state-sovereignty claim that Kentucky's attorney general is wielding to all but ban abortions after 15 weeks.
These [regulatory] issues* did not even register Tuesday at oral arguments, where the court focused instead on the ["]technical matter["] of whether the attorney general, a separately elected [BWAH!] office [of We the People], has the authority [BWAH!]to appeal in place of the state's [appointed] secretary of health [laws enacted by KY legislature?]. Due to a change in political administrations, the secretary is now a Democrat and has opted not to fight an injunction against HB 454 upheld by the Sixth Circuit.
"Why would we call it an abuse of discretion for a court of appeals, after it rendered its judgment, to say we don't really care what has happened in the political arena," Justice Sonia SOTOMAYOR grilled a deputy state solicitor general. "We don't want to be dragged into it. You agree to be bound by this judgment. You didn't appeal [US District, US 6th Cir., even though you were a party. Are you telling me you're now willing to waive the sovereign immunity of the state? Because that's what it sounds like."
EMW: Filing deadline default! KY snoozed, KY loses.
SCOTUS: State sovereignty is timeless until further notice.
So here they are.
Justice [Anti-RBG] asked why the petitioner didn't just intervene on behalf of the state -- a move that would have waived the state sovereign immunity. "We wouldn't be even having this discussion if you had intervened on behalf of Kentucky," the Trump appointee [?] [KY Deputy Solicitor General Matthew Kuhn] said.
BREYER pushed [ACLU attorney Alexa Kolbi-]Molinas on why Cameron could not defend the law.

"The Sixth Circuit says this is unconstitutional, and somebody could have filed a defendant motion for rehearing, and then they could have tried to come here," Breyer said. "But the secretary of state said I'm not going to do that because there had been a political party change. And so at that point, the attorney general says well ... nobody's going to defend this so I better. Is that what happened? Am I totally wrong?"

* moot court: Casey with Hellerstedt is the controlling opinion limiting state regulations in re: "viability", abortion "access," and any medical procedures. Erryone but twitter has moved on to contesting state and State ha. ha. ha. sovereignty applicable to any controversy.

archived I cannot overstate how utterly irrelevant and ill-conceived this "issue"

by Cat on Wed Oct 13th, 2021 at 02:00:00 AM EST
[ Parent ]
EMW WOMEN'S SURGICAL CENTER, P.S.C., et al. v. ADAM MEIER, in his official capacity as Secretary of Kentucky's Cabinet for Health and Family Services, et al., US District Court for the Western District of Kentucky [WDKY], No. 3:17-CV-00189-GNS affirmed by 6th Cir. as No. 18-6161.

So Nabakov.

by Cat on Wed Oct 13th, 2021 at 02:10:56 AM EST
[ Parent ]

by Cat on Sat Oct 9th, 2021 at 05:19:16 AM EST
[ Parent ]
Texass trolling the federalists ...
Republican Texas Governor Greg Abbott, responding to what he called "bullying" by the Biden Administration, on Monday barred all COVID-19 vaccine mandates in the state by any entity, including private employers.
...since Aaron Burr first put on pants.
"In another instance of federal overreach, the Biden Administration is now bullying many private entities into imposing COVID-19 vaccine mandates, causing workforce disruptions that threaten Texas' continued recovery from the COVID-19 disaster," Abbott said in an executive order.

The White House had no immediate comment.

Abbott's order states that "no entity in Texas" could compel proof of vaccination by any individual, including employees or customers. He called on state lawmakers to take up the issue in an upcoming special session.

archived hOLymARYMutTRagoTT, Federal Register EO 14042, EO 14043
by Cat on Tue Oct 12th, 2021 at 02:13:06 PM EST
[ Parent ]
Bloomberg | Southwest Air Pilots Seek to Block Covid Vaccination Mandate EO 14042, 9 Oct, "following" EO 14042 regulatory deadline, 8 Oct
The Southwest Airlines Pilots Association's filing Friday also asked for an immediate hearing on the request before a federal court in Dallas, claiming the carrier has continued to take unilateral actions that violate terms of the Railway Labor Act, which governs airline-union relations. Those steps include the Covid-19 vaccination requirement.
flight concelations nationwide attributed by yella sheets to "weather"
"The new vaccine mandate unlawfully imposes new conditions of employment and the new policy threatens termination of any pilot not fully vaccinated by December 8, 2021," the legal filing said. "Southwest Airlines' additional new and unilateral modification of the parties' collective bargaining agreement is in clear violation of the RLA."
archived APsplainin Unions split on vaccine mandates, "contract-like instruments"
by Cat on Tue Oct 12th, 2021 at 03:12:38 PM EST
[ Parent ]
Southwest president says nothing nefarious behind flight cancellations, airline eyes holiday travel cuts
The airline blamed air traffic control issues and weather in Florida on Friday, saying the ripple effects put planes and employees out of place, and it had too few reserves [!] to pick up the slack....Southwest and its pilots union have steadfastly denied that workers walked off the job to protest a federal vaccine mandate. (The pilots sued the airline to stop the mandate.)
perfect storm
"The fact is the Florida weather on Friday and unexpected ATC issues on Friday night resulted in delays and cancellations across our network, and it just got us behind."
"They were just caught in a perfect storm," [Jon Jager aviation analyst] said, citing staffing levels [!], weather and flight crews running out of time because of the delays and cancellations. Pilots and flight attendants are only allowed to work a certain number of hours per day due to [union] contract[s] and government rules.
archived O'Leary v EU-28 Ryanair pilots, cabin crews, and "contractors"
by Cat on Tue Oct 12th, 2021 at 04:24:38 PM EST
[ Parent ]
New York must allow religious exemptions to vaccine mandate, judge rules
U.S. Northern District Justice David Hurd of Utica granted a preliminary injunction temporarily barring New York state and employers from enforcing the COVID-19 vaccine mandate against medical workers claiming a ["]legitimate religious exemption["]. Last month, Hurd issued a temporary restraining order blocking enforcement of the mandate in relation to ["]religious beliefs["].

archived y'all know where this story's headed dontcha?, APsplainin Religious exemption requests grow
by Cat on Tue Oct 12th, 2021 at 04:48:59 PM EST
[ Parent ]
Introduction To The Federal Court System
"The federal court system has three main levels: district courts (the trial court), circuit courts which are the first level of appeal, and the Supreme Court of the United States, the final level of appeal in the federal system. There are 94 district courts, 13 circuit courts, and one Supreme Court throughout the country."

audio (EN)

static map of Art. III jurisdiction ("parts" of the whole)
color coded federal appellate ("circuit") territories, bf numeral; NB: state and federal judicial hierarchies are distinct, ie. a state's Supreme Ct. is not a "part" of Art. III; similarly, Art. I administrative law courts' jurisdictions (not shown) are limited to adjudicating procedural disputes (APA) between entitled "persons" and each fed agency's execution of regulations, delegated to them by the odious. An Art.I court may or may not refer a litigant to an inferior Art.III court.

archived Can [JEAN] really do that?

by Cat on Tue Oct 12th, 2021 at 08:08:18 PM EST
[ Parent ]
Archaeology: yella sheet exhumes most "ideologically conservative" COLORADO state supreme ct.
Planned Parenthood shooting MASSACRE spurs trial on lax security claims
Federal prosecutors indicted  [Robert Dear, domestic trrst? "Hate crime" perp?] in 2019, but it remains to be seen whether he will be found mentally fit to stand trial.
If convicted, Dear faces a minimum penalty of 10 years in prison, and a maximum penalty of death, although federal prosecutors have yet to confirm if they will seek the death penalty. Several victims of the incident sued Planned Parenthood in 2016. The case remains pending before Judge. Christopher Jay Baumann in the Denver County District Court.
FIFTH WAVE is a void.
Five people sued Planned Parenthood [?!] in 2016, including Samantha Wagner whom Dear shot in the parking lot, along with her friends. A Colorado judge initially granted summary judgment in favor of Planned Parenthood, but the Colorado Court of Appeals reversed in February 2019, and the state Supreme Court affirmed.
"state actors" v "private persons": "How do you know that? I think that's a fact question," [SCOTX Justice Richard] Gabriel said. "If there was an armed guard watching this on a security monitory, couldn't that have saved lives?"
"Neither the FBI nor the Colorado Bureau of Investigation nor the National Security Administration [NSA] nor the Colorado Springs Police knew about Dear," Taylor said. "Not even his girlfriend knew what he was going to do."
Justice Department again tries to block near-total abortion ban in Texas files timely response (objecting) to 5th Cir. preliminary injunction granted Texass

archived Magic Merrick POISED to reverse Trump Obama "policy"

by Cat on Tue Oct 12th, 2021 at 10:35:17 PM EST
[ Parent ]
by Cat on Tue Oct 12th, 2021 at 11:03:23 PM EST
[ Parent ]
Southwest drops plan to put unvaccinated staff on unpaid leave starting in December
Southwest Airlines and American Airlines are among the carriers that are federal contractors and subject to a Biden administration requirement that their employees are vaccinated against Covid-19 by Dec. 8 unless they are exempt for medical or religious reasons.
Southwest's senior vice president of operations and hospitality, Steve Goldberg, and Julie Weber, vice president and chief people officer, wrote to staff on Friday that if employees' requests for an exemption haven't been approved by Dec. 8, they could continue to work while following mask and distancing guidelines until the request has been reviewed.
possibly related daily fact EO 14042 UPDATE!
by Cat on Thu Oct 21st, 2021 at 12:25:44 AM EST
[ Parent ]
by Cat on Mon Nov 1st, 2021 at 05:34:25 AM EST
[ Parent ]
Southwest investigates pilot who used 'Brandon' phrase
"The phrase ['Let's go'] is an aphorism in conservative circles for a vulgarity targeting President Biden."
'Let's Go Brandon' song tops iTunes charts
by Cat on Mon Nov 1st, 2021 at 05:40:51 AM EST
[ Parent ]
Mothers sue after children catch Covid at Wisconsin schools with no mandates

Lawsuits say school districts created a `snake pit' by ignoring coronavirus safety measures recommended by health officials

Poverty ...

Serious financial problems afflict 40% of US households in recent months

The survey by NPR, the Robert Wood Johnson Foundation and the Harvard TH Chan School of Public Health also showed that in those last few months, as the US struggled to contain the infectious Delta coronavirus variant, the percentage of households reporting serious financial problems rose to 59% when they had an income under $50,000 a year.

'Sapere aude'

by Oui (Oui) on Tue Oct 12th, 2021 at 05:10:21 PM EST
[ Parent ]
Today I encountered a UID who assumed the penalty for non-compliance with Taxass Gov Abbott's executive order is death, a "capital offence".

GA 40

I mention, because I can't shake the idea that people who don't live in USA have a clue to whom they are dealing.

by Cat on Wed Oct 13th, 2021 at 03:19:03 AM EST
[ Parent ]


Occasional Series