October 2021 | 174 comments (174 topical, editorial, 0 hidden)

That was quick. (none / 0)

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
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Re: That was quick. (none / 1)

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?

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.

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
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Re: That was quick. (none / 0)

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 ]

first instance (none / 0)

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
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Re: That was quick. (none / 0)

MOTION TO STAY PRELIMINARY INJUNCTION PENDING APPEAL AND, ALTERNATIVELY,
FOR A TEMPORARY ADMINISTRATIVE STAY PENDING CONSIDERATION OF THIS MOTION

Now: Texas's 6-week abortion ban law, SB 8, is in effect again for now -- the 5th Circuit has granted a temporary, administrative stay of this week's preliminary injunction (which halted enforcement of SB 8) to consider the state's request for a longer stay pending appeal pic.twitter.com/wdTIH5emjm
— Zoe Tillman (@ZoeTillman) October 9, 2021

by Cat on Sat Oct 9th, 2021 at 05:19:16 AM EST
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Re: That was quick. (none / 0)

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
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Re: That was quick. (none / 0)

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
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Re: That was quick. (none / 0)

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
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Re: That was quick. (none / 0)

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
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SIDEBAR Art. III subdivisions (none / 0)

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.

POP QUIZ! Locate US NDNY
archived Can [JEAN] really do that?

by Cat on Tue Oct 12th, 2021 at 08:08:18 PM EST
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Re: SIDEBAR Art. III subdivisions (none / 0)

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
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errata (none / 0)

SCOTX s/b SCOCO

by Cat on Tue Oct 12th, 2021 at 11:03:23 PM EST
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Re: That was quick. (none / 0)

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
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Re: That was quick. (none / 0)

Southwest pilot earns ISIS comparison

by Cat on Mon Nov 1st, 2021 at 05:34:25 AM EST
[ Parent ]

Re: That was quick. (none / 0)

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 ]

Happy Hunting In Texas (none / 0)

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
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Re: That was quick. (none / 0)

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 ]

October 2021 | 174 comments (174 topical, 0 editorial, 0 hidden)

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