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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]
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.
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.
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.
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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."
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?"
"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?"
archived I cannot overstate how utterly irrelevant and ill-conceived this "issue"
So Nabakov.
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
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
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.
"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.
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.
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.
"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."
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.)
"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.
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["].
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?
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.
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.
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."
"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?"
archived Magic Merrick POISED to reverse Trump Obama "policy"
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.
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'
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.
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