The last 10 days — the end of August! — have shown how busy things will remain and how essential understanding what the courts are doing is to all of that.

Subscribe to Law Dork now, if you don't already, to keep up with my independent legal journalism. https://www.lawdork.com/subscribe

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Purity tests. Control. Policing of bodies. That’s what that has always been about, and the outright hate and absurd weirdness that this boxing situation is bringing out this week is making that undeniably clear as people just flat-out lie and goalpost shift by the minute.


I’ve brought you a lot of important reporting, research, and analysis this week at Law Dork that you won’t get elsewhere.

Consider supporting that essential work with a paid subscription to Law Dork now: https://www.lawdork.com/subscribe


Justice Sam Alito — fresh off the latest reportof his apparent support for insurrectionists — wrote the court’s majority opinion Thursday, severely limiting the power of the Civil War Amendments to protect voters from lawmakers’ racial gerrymanders. https://www.lawdork.com/p/the-roberts-court-conservatives-erode


The 11th Circuit—in an opinion by Judge Andrew Brasher, a Trump appointee—reinstated a man's lawsuit against an Atlanta police detective whose affidavit for an arrest warrant put the man behind bars pretrial for 15 months before all charges were dropped. https://www.lawdork.com/i/142528892/eleventh-circuit-qualified-immunity-decision

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Texas is defending its SB4 criminal immigration law at SCOTUS. The law is now on hold til next Monday. At Law Dork, I cover what's going on: https://www.lawdork.com/p/texas-asks-scotus-to-let-it-enforce


UPDATE: Alito extends the administrative stay in the Texas SB4 case until 5p Monday — meaning the law will remain on hold during that time.

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The latest on Texas’s SB4 immigration law and qualified immunity, overnight at Law Dork: https://www.lawdork.com/p/texas-asks-scotus-to-let-it-enforce


Sorry, I lack the ability to cross-post this everywhere, but there is more Fifth Circuit BS. This weekend, it’s (again) about immigration. The thread is over here bc I got the info initially there: https://x.com/chrisgeidner/status/1764497625431044520?s=46&t=ghp6hmBEZ-OZggGPMNkXlw

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The Trump arguments (audio) will be live-streamed here: https://www.youtube.com/watch?v=ngUhSD35DoA


Chris Geidner

It’s me. SCOTUS, law & politics at Law Dork. / Also: MSNBC, Bolts. / Sober. Queer. Bipolar. Buckeye. Theater. Runner. Gaymer.


NEWS: Sen. Laphonza Butler (D-CA) joins the Senate Judiciary Committee, giving the Democrats a majority on the committee yet again.

Of note, Butler will be the first out LGBTQ person ever on the Senate Judiciary Committee.


Texas has executed Jedidiah Murphy, per the AP.


The Oklahoma trans care ban ruling: What happened, where’d it come from, and what’s the fallout? Today, at Law Dork: https://www.lawdork.com/p/oklahoma-anti-trans-care-ban-in-effect


As others have noted, this is a bad sign for the challengers, as a three-judge panel would have had to treat the prior ruling as precedent. The en banc court — which only has one Democratic appointee — can reach a different conclusion than the prior panel.

Here is the 8th Circuit’s en banc order: https://storage.courtlistener.com/recap/gov.uscourts.ca8.106698/gov.uscourts.ca8.106698.804854995.0_2.pdf


NEWS: The full 8th Circuit will be hearing arguments over the Arkansas ban on trans care for minors. A three-judge panel previously upheld the preliminary injunction. This, now, is the appeal of the permanent injunction. Background: https://www.lawdork.com/p/arkansas-trans-minors-care-ban-unconstitutional

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As the week comes to a close, a reminder that I am an independent legal journalist covering this anti-LGBTQ moment. Subscribe to Law Dork today — there is a free option! To help make this work sustainable, consider a paid subscription. https://www.lawdork.com/


Here’s my report on the Oklahoma ruling: https://www.lawdork.com/p/oklahoma-anti-trans-care-ban-in-effect


U.S. District Judge John Heil III, a Trump appointee, rejected challenges to the law in a Thursday ruling — the first district court judge to reach such a conclusion. Here’s my Law Dork report on the ruling, its cause, and the fallout: https://www.lawdork.com/p/oklahoma-anti-trans-care-ban-in-effect


NEW: Oklahoma AG says felony ban on minors' trans care is in effect following federal court ruling: https://www.lawdork.com/p/oklahoma-anti-trans-care-ban-in-effect


It’s Fund-your-favorite-Law-Dork Friday! #SCOTUS is back in session, appeals courts are acting up, trial courts are constantly churning through cases, and so much more. Support my work if you can with a paid subscription today for as little as $6 a month: https://www.lawdork.com/


Periodic reminder: Journalism costs money, and I’m doing everything that you see at Law Dork (and here) alone. To support my independent legal journalism, and to help make it sustainable, consider a paid subscription. It’s just $6 a month. https://www.lawdork.com/


In summary: A Trump appointee in Oklahoma will not stop that state’s ban on gender-affirming care for minors from going into effect. Expect an appeal from those challenging the law in short order.


IMPORTANT NOTE: Oklahoma's enforcement of the ban has been on hold while the preliminary injunction request has been pending, per an agreement between the plaintiffs and Okla. AG Drummond. As such, I would expect news about what happens now to come in short order.

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nostr:npub1ggleywmsl975yz6rhjw2ghvsweg9s47k0qddep3lfdf777zed6rq0tfzlt There are five states whose laws include felony penalties. Oklahoma is one of them.


nostr:npub18j2mw5n4j3r8qepgqat6jekmccp0w4hq4rwp0h5tjw8ezcx8vu5qjepxee I mean, the 2024 election process is starting this month, per the SOS. So, what you’re saying is not happening.


Here's the order from U.S. District Judge John Heil III, a Trump appointee: https://storage.courtlistener.com/recap/gov.uscourts.oknd.65971/gov.uscourts.oknd.65971.138.0.pdf


BREAKING: Federal judge in Oklahoma denies preliminary injunction sought against the state's felony ban on gender-affirming medical care for minors. More to come on Friday at Law Dork: https://www.lawdork.com/

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Thanks, all, for your support of Law Dork this first week of the #SCOTUS term. It feels really good to be doing what I love — on my terms — and to be seeing signs that others think I’m making the right choices. Thanks. https://www.lawdork.com/

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Following the district court’s order on Thursday setting a new congressional map for Alabama, Republican Alabama Secretary of State Wes Allen, who has fought to conduct elections with illegal congressional maps, backed down. https://www.lawdork.com/p/alabama-new-congressional-map-order


By issuing an order that the stay pending appeal request is "carried with the case," the motions panel will not rule on it. The merits panel, when it gets the case, can do with it what it wants — take action or just wait until its merits ruling. Order: https://storage.courtlistener.com/recap/gov.uscourts.txwd.1172749358/gov.uscourts.txwd.1172749358.59.0.pdf


nostr:npub18j2mw5n4j3r8qepgqat6jekmccp0w4hq4rwp0h5tjw8ezcx8vu5qjepxee the story says … they’re not.


NEWS: The Fifth Circuit motions panel considering requests relating to the challenge to Texas's new book-ban regime allowed the law to remain in effect under its earlier "administrative stay" of the district court's injunction during the appeal, which it expedited today.

Background: https://www.lawdork.com/i/137402654/book-ban-order

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NEWS: The Biden administration went back to #SCOTUS on Thursday regarding its “ghost gun” rule, the result of a Fifth Circuit order from earlier this week that the Justice Department calls “an affront” to basic legal principles. https://substack.com/@chrisgeidner/note/c-41364041

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nostr:npub174tr94vmsgf9ldj6n9zd42jtmmajfnjw0tp9us5eewrtfm30w6pstacfav changed! honestly I got rid of a line about the tweet, calling it a “resigned tweet,” to avoid that confusion. 🙃


Also: Note to TV, radio, and podcast bookers, producers, and hosts, I am around and doing all of the above. Be in touch. https://www.lawdork.com/about


First week back at #SCOTUS, and Law Dork published:
- a preview, with shadow docket coverage: https://www.lawdork.com/p/back-to-court
- CFPB funding case arguments: https://www.lawdork.com/p/justice-jackson-questions-basis-for
- ADA "tester" case arguments: https://www.lawdork.com/p/supreme-court-ada-testers-standing-mootness
- Alabama's new map: https://www.lawdork.com/p/alabama-new-congressional-map-order


Here is my report on today’s Alabama news: https://www.lawdork.com/p/alabama-new-congressional-map-order


NEW: Alabama will have a new congressional map for its 2024 elections. Black voters in the state, for the first time, will have the opportunity to elect representatives of their choosing in two districts (2 and 7). https://www.lawdork.com/p/alabama-new-congressional-map-order

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A note/reminder that Alabama — i.e., Alabama taxpayers, ultimately — will be paying for this additional mapmaking that its refusal to follow the law necessitated:

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Although Alabama has tried to push back on the lower court’s efforts, #SCOTUS last month rejected the state’s request to stop the lower court from proceeding with its mapmaking. https://www.lawdork.com/p/scotus-rejects-alabama-congressional-map-stay


Law Dork has been covering this case, most extensively in a Q&A with Abha Khanna, one of the lawyers who successfully argued the Voting Rights Act case at #SCOTUS last term. https://www.lawdork.com/p/law-dork-qa-with-abha-khanna


Breaking: In the Alabama redistricting cases, following a hearing on the proposed maps, the three-judge district court selects, approves, and orders use of remedial map 3. This is the new congressional map to be used by Alabama in the 2024 elections. https://storage.courtlistener.com/recap/gov.uscourts.alnd.179302/gov.uscourts.alnd.179302.311.0.pdf

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A key Americans with Disabilities Act case before #SCOTUS this term is about accessibility information on hotel websites, but oral arguments on Wednesday focused on whether the plaintiff could bring the lawsuit and whether the case is moot. At Law Dork: https://www.lawdork.com/p/supreme-court-ada-testers-standing-mootness


Today’s Law Dork on the ADA “tester” case. https://www.lawdork.com/p/supreme-court-ada-testers-standing-mootness

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If you’ve appreciated or relied on my #SCOTUS coverage, I’d ask you — especially the lawyers — to consider a paid subscription as things get going. I am independent, Law Dork is my full-time job, and I rely on individual subscriptions to make this happen. https://www.lawdork.com/subscribe


First week back at #SCOTUS, and Law Dork published:

- a preview, with shadow docket coverage: https://www.lawdork.com/p/back-to-court

- CFPB funding case arguments: https://www.lawdork.com/p/justice-jackson-questions-basis-for

- ADA "tester" case arguments: https://www.lawdork.com/p/supreme-court-ada-testers-standing-mootness


Update: Responses to the #SCOTUS stay requests from the challengers in the Louisiana redistricting case are requested. Any responses are due by 5p Oct. 10. (The dist ct remedial hearing that the 5th Cir halted was supposed to start tomorrow.)


Breaking: #SCOTUS won't stop Florida from executing Michael Zack tomorrow, despite, among other claims Zack raised, a non-unanimous jury having recommended death for him. There are no noted dissents. These petitions were highlighted at Law Dork here: https://www.lawdork.com/i/137571288/florida-plans-tuesday-execution

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Here is the #SCOTUS orders list out of the long conference: https://www.supremecourt.gov/orders/courtorders/100223zor_5368.pdf


Back to court. https://www.lawdork.com/p/back-to-court


Also at Law Dork tonight: Louisiana redistricting — it's at SCOTUS right now due to an unusual Fifth Circuit ruling from last week. https://www.lawdork.com/i/137571288/louisiana-redistricting-hits-scotus


If OT21 was about abortion and OT22 was about trying to make #SCOTUS appear open to reason and fairness, OT23 is about far-right forces, including lower courts, trying to get the court’s conservative supermajority to keep moving even further right. https://www.lawdork.com/p/back-to-court

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Sunday #SCOTUS thoughts: Back to court. https://www.lawdork.com/p/back-to-court


If you missed my Law Dork piece on Judge Jeff Sutton's Sixth Circuit ruling upholding TN and KY's bans on gender-affirming medical care for minors — an opinion that ignores the reality of this anti-trans moment — check it out today: https://www.lawdork.com/p/judge-jeff-sutton-ignores-anti-trans-reality


On Judge Jeff Sutton’s judicial cowardice. From me, new at Law Dork: https://www.lawdork.com/p/judge-jeff-sutton-ignores-anti-trans-reality

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I'll have a full report at Law Dork on Friday, but here's the opinion: https://www.documentcloud.org/documents/23998283-6th-lwvskrmetti-opinion


This is the same base result — the laws will remain in effect — as when the same panel ruled on the stay request in July: https://www.lawdork.com/p/sixth-circuit-tenn-trans-care-ban-stay-ruling


BREAKING: In a 2-1 decision, the Sixth Circuit, in an opinion by Judge Jeff Sutton, upholds Tennessee and Kentucky’s bans on gender-affirming care for minors. Judge Amul Thapar joined Sutton. Judge Helene White dissented. More to come at Law Dork: https://www.lawdork.com/

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So, the ins and outs and ups and downs of launching a one-person publication can be ... challenging ... at times. But, then I see things like this happening, and I'm just really happy about what Law Dork is becoming. Thanks, all. https://www.lawdork.com/

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Chutkan also lumps the motions together, ordering any opposition to be filed by the government to Trump’s requests by Oct. 3, with Trump’s reply due by “three calendar days” after the government filing.

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And here was an earlier response from the plaintiffs, filed 9/22: https://storage.courtlistener.com/recap/gov.uscourts.almd.77755/gov.uscourts.almd.77755.316.0.pdf

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Here's the filing: https://storage.courtlistener.com/recap/gov.uscourts.almd.77755/gov.uscourts.almd.77755.317.0.pdf

It's a reply in a request that I covered previously here: https://www.lawdork.com/i/136978565/trans-rights-are-also-being-targeted


Alabama, fresh off its #SCOTUS slap-down in the redistricting case, asked a district court today to let it enforce its anti-trans ban on gender-affirming care for minors while the 11th Circuit has the case, withheld the mandate, & is deciding whether to rehear it en banc.

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If you want to wish me a happy birthday and care about/read my work, honestly, just subscribe to Law Dork today! Things are going well, but it is tough to run this as a full-time job on individual subscriptions. We’re getting there, but I need your help. https://www.lawdork.com/subscribe


The rumors are true: It's my birthday! Turning 46 and being 15 months into running my own business is *not* something that I ever thought would be my path. It's been an intense but incredible year, & I am so grateful for the support that my online community has given me. Thanks!

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Here’s my report: https://www.lawdork.com/p/montana-court-blocks-law-banning


NEW: Law Dork on today’s Montana court ruling blocking enforcement of the state’s ban on gender-affirming medical care for minors: https://www.lawdork.com/p/montana-court-blocks-law-banning


Tuesday at Law Dork:
• Texas anti-drag law struck down: https://www.lawdork.com/p/texass-anti-drag-law-is-unconstitutional
• SCOTUS slaps down Alabama on redistricting: https://www.lawdork.com/p/scotus-rejects-alabama-congressional-map-stay
• Fifth Circuit’s weird trio of Monday orders (and Tuesday follow-up) : https://www.lawdork.com/p/fifth-circuit-adf-training-book-ban-social-media

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Independent legal coverage that doesn’t pull punches is always important, but especially right now and particularly for the areas — like criminal justice and LGBTQ issues — where I have particular expertise.

And, as always, I keep most of my content available to all because I think it’s important that this news — and, yes, my analysis of some of these complex issues — is accessible to everyone. Free subscriptions are encouraged, too! https://www.lawdork.com/subscribe


I’ve written about five big cases in the past 24 hours at Law Dork, all important cases key to my coverage. I’ve also posted the news of rulings here first, to get news out. If you’ve been following the posts but not Law Dork, please consider subscribing.

Law Dork has been my full-time job for more than a year now, and while it’s going well as we head into a new #SCOTUS term, I need your support to keep it sustainable. https://www.lawdork.com/


NEW: A federal judge in Texas struck down S.B. 12, the state’s new anti-drag law that includes both civil and criminal penalties, declaring it to be unconstitutional and barring state officials from enforcing it.

At Law Dork: https://www.lawdork.com/p/texass-anti-drag-law-is-unconstitutional


UPDATE, in the "religious-liberty training" sanctions: The 5th Circuit motions panel that Monday issued the administrative stay today took action that has the effect of keeping the stay in effect until the merits panel decides if it wants to change things. https://www.lawdork.com/p/fifth-circuit-adf-training-book-ban-social-media

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I am one of the key journalists covering LGBTQ legal developments — and I’m doing so independently.  Your support is essential. Subscribe to Law Dork today — there is a free option! To help make this work sustainable, tho, consider a paid subscription. https://www.lawdork.com/


Read U.S. District Judge David Hittner's ruling here: https://storage.courtlistener.com/recap/gov.uscourts.txsd.1928300/gov.uscourts.txsd.1928300.94.0.pdf


BREAKING: After trial, federal judge declares Texas's anti-drag law, SB12, unconstitutional and issues a permanent injunction barring — through AG Paxton — all state officials from enforcing it. More to come at Law Dork: https://www.lawdork.com/

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Here's my Law Dork report on this: https://www.lawdork.com/p/scotus-rejects-alabama-congressional-map-stay


Breaking: #SCOTUS rejects Alabama's attempt to ignore its congressional map ruling.

My Law Dork report on today's big news: https://www.lawdork.com/p/scotus-rejects-alabama-congressional-map-stay


nostr:npub1qjssl23udvrumdyrj0qw0ds5vp7rpdapy94kz2pptvrshxnhmy6qurxp6v today is a very good sign they cannot.


I am an independent journalist covering our legal world. Your support is essential. To keep up with my work, subscribe to Law Dork today — there is a free option! To help make this work sustainable, consider a paid subscription. https://www.lawdork.com/


On Monday, the special master appointed by that lower court released possible maps with two such “opportunity” districts.

A hearing on the report is set for the lower court next week, with quick action expected thereafter to move the new map forward. https://storage.courtlistener.com/recap/gov.uscourts.alnd.179302/gov.uscourts.alnd.179302.295.0_1.pdf


Alabama passed a map this summer with just one majority-Black district after the Supreme Court affirmed a lower-court ruling that two “opportunity districts” were required. Alabama was asking #SCOTUS to let it use the one-district map. The court resoundingly said no this morning.


BREAKING: The U.S. Supreme Court rejects Alabama’s attempts to use its new congressional maps that a lower court ruled illegal or stop that lower court from redrawing the state’s congressional maps to conform with the Voting Rights Act. There were no noted dissents.

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On Monday, the Fifth Circuit took a series of unusual actions — each in one-sentence orders — in the Texas book-ban law case, “religious-liberty training” sanctions, and Biden admin social-media influence case. Read about the orders & effects at Law Dork: https://www.lawdork.com/p/fifth-circuit-adf-training-book-ban-social-media


And, I understand that not everyone can pay — and that some just aren’t ready to pay for Law Dork (yet). That’s fine! Sign up anyway, there’s a free option. I don’t want to wall off this work because I think it’s important — or else I wouldn’t do it. https://www.lawdork.com/subscribe


Thanks for sharing my posts on here today. If you don’t know me, I’m an independent legal journalist. Law Dork operates on individual subscriptions, so I need your support. If you’ve been following my work here, please consider subscribing there: https://www.lawdork.com/


Here’s my report on this: https://www.lawdork.com/p/fifth-circuit-adf-training-book-ban-social-media


"The U.S. Court of Appeals for the Fifth Circuit was in rare form on Monday, even for the most conservative appeals court in the nation."

New tonight, at Law Dork: https://www.lawdork.com/p/fifth-circuit-adf-training-book-ban-social-media


As a result of this order the airlines' lawyers do NOT need to attend the training tomorrow. For now. The Fifth Circuit still needs to rule on the request for a stay pending the airlines' appeal of the sanctions order. Tonight's order: https://storage.courtlistener.com/recap/gov.uscourts.ca5.211751/gov.uscourts.ca5.211751.115.1.pdf


BREAKING: The Fifth Circuit issued an administrative stay halting the "religious-liberty training" Southwest Airlines sanctions the day before the ADF-led training was set to take place. The admin stay request was not opposed by the plaintiff. Background: https://www.lawdork.com/p/religious-liberty-training-sanctions

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The court gave no reasoning for its order, which is remarkable given that the law has never been allowed to go into effect, so the order — although posed as merely “administrative” — is a ruling, at least temporarily, changing the status of state law.


BREAKING: A three-judge panel of the 5th Circuit (Elrod, Haynes, Douglas) allows Texas’s book-ban law to go into effect, issuing an administrative stay of the district court ruling enjoining enforcement of the law. Background: https://www.lawdork.com/p/trump-appointed-judge-rips-texas

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ATTENTION: North Dakota remains the only state with no paid Law Dork subscribers. If anyone in North Dakota is reading this, please consider a paid subscription to Law Dork today! (Also: Anyone, anywhere else, too.) https://www.lawdork.com/subscribe

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Breaking: SCOTUS will not stop the scheduled execution of Anything Sanchez today. There were no noted dissents; Justice Gorsuch did not participate. Background: https://www.lawdork.com/p/oklahoma-executions-drummond-sanchez

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NEWS: Full appeals court likely to vote on whether to rehear Alabama trans care case after three-judge panel ruled in Alabama's favor last month.

Background on the original decision at Law Dork: https://www.lawdork.com/p/appeals-court-ruling-alabama-trans-care-ban


Oklahoma is scheduled to execute Anthony Sanchez on Thursday. More on that and the status of Oklahoma’s 25-person execution spree at Law Dork this morning: https://www.lawdork.com/p/oklahoma-executions-drummond-sanchez


ALSO: A reminder that I am an independent legal journalist checking the federal courts’ dockets at 12:01a CT. Your support is key to keeping this essential reporting going. Subscribe today and consider a paid subscription if you can afford one: https://www.lawdork.com/


As I noted earlier, Southwest has said in court filings that the religious-liberty training is set for Sept. 26. So, there is still *some* time for action. But, the sanctions are now back in effect.

More at Law Dork: https://www.lawdork.com/p/religious-liberty-training-sanctions


UPDATE: The sanctions ordered against Southwest Airlines — including the order that three lawyers attend "religious-liberty training" — are now back in effect, as no court extended the 30-day administrative stay previously issued to allow appeals. https://www.lawdork.com/p/religious-liberty-training-sanctions


If the order goes back into effect, Southwest has said that the religious-liberty training — ordered by Judge Brantley Starr to be conducted by the anti-abortion, anti-LGBTQ ideologues at Alliance Defending Freedom — is set for Sept. 26. So, there is still *some* time for action after today. https://www.lawdork.com/p/religious-liberty-training-sanctions


In other news out of Texas, that "religious-liberty training" ordered as sanctions in a case against Southwest Airlines has been on hold. The stay expires in 8.5 hours, though, and the 5th Circuit has sat on Southwest's stay request. Read it at Law Dork: https://www.lawdork.com/p/religious-liberty-training-sanctions


Those “religious-liberty training” sanctions that a Texas judge ordered aren’t gone. In fact, they are set to go back into effect on Sunday. Thus far, the 5th Circuit hasn’t even responded to Southwest’s request about the “unprecedented and unlawful” order. https://www.lawdork.com/p/religious-liberty-training-sanctions

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Those “religious-liberty training” sanction that a Texas judge ordered aren’t gone. In fact, they are set to go back into effect on Sunday. Thus far, the 5th Circuit hasn’t even responded to Southwest Airlines request about the “unprecedented and unlawful” order. https://www.lawdork.com/p/religious-liberty-training-sanctions

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Those “religious-liberty sanctions” that a Texas judge ordered aren’t gone. In fact, they are set to go back into effect on Sunday. Thus far, the 5th Circuit hasn’t even responded to Southwest Airlines request about the “unprecedented and unlawful” order. https://www.lawdork.com/p/religious-liberty-training-sanctions

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NEWS: The 30-day hold on the “religious-liberty training” sanctions order against Southwest Airlines expires Saturday night. So far, the 5th Circuit has sat on a request to extend the stay. As of now, the ADF training is set for Sept. 26. https://www.lawdork.com/p/religious-liberty-training-sanctions


NEWS: DOJ opposes Trump’s request for recusal of Judge Chutkan in USA v. Trump (DC), arguing that Trump “falls far short” of meeting the standard for recusal. https://storage.courtlistener.com/recap/gov.uscourts.dcd.258148/gov.uscourts.dcd.258148.54.0.pdf

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No, no, not ominous, just — well, OK, a bit ominous. https://www.lawdork.com/p/the-new-scotus-term-is-almost-here

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BREAKING: Justice Alito, acting as circuit justice, issues an administrative stay, halting the social-media case injunction until 11:59p ET Sept. 22. Response from the challengers is due 4p ET Sept. 20.

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Here's a note writeup of this news at Law Dork: https://substack.com/@chrisgeidner/note/c-40087604


The SCOTUS docket will be 23A243.

I am an independent legal journalist, covering this fast-paced legal world at Law Dork. Your support is essential. Subscribe today: https://www.lawdork.com/


I covered the Fifth Circuit's ruling on this, which the Biden admin is now seeking to stay, in my Sunday roundup at Law Dork here: https://www.lawdork.com/i/136880475/the-other-news

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BREAKING: The Biden administration goes to SCOTUS in case seeking to limit the admin's interaction with social media companies, asking the justices to put the lower courts' injunction on hold while the Supreme Court decides whether to hear the case. https://www.documentcloud.org/documents/23977660-23a243

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#SCOTUS note: There are two Alabama redistricting filings — one in the three-judge case (23A231) and one from the one-judge case (23A241). The different underlying cases lead to different procedural requests at SCOTUS, but the court is almost certain to consider them together. Background at Law Dork here: https://www.lawdork.com/p/alabama-voting-rights-scotus-trans-care


BREAKING: A three-judge panel of the 11th Circuit (Wilson, Jordan, Rosenbaum; all Dem appointees) will hold oral arguments Friday morning over Mark Meadows request for a stay pending appeal in his removal action appeal. https://storage.courtlistener.com/recap/gov.uscourts.ca11.84175/gov.uscourts.ca11.84175.23.0_2.pdf

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NEWS: The 11th Circuit orders an extremely expedited. briefing in Mark Meadows's appeal of his removal action attempt, with briefing over the next 15 days. https://storage.courtlistener.com/recap/gov.uscourts.ca11.84175/gov.uscourts.ca11.84175.17.0_1.pdf

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NEWS: The TRO previously issued barring enforcement of the Texas anti-drag law (SB 12) is extended for another 14 days. https://storage.courtlistener.com/recap/gov.uscourts.txsd.1928300/gov.uscourts.txsd.1928300.89.0.pdf

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nostr:npub186qynp0mvpfqdx5qmtspf86qad3525vxal9u02ra8zg973vyxpuqrelfrm I mean, that possibility is specifically why I wrote, “Under current rules,” in the piece.  But, structural reforms weren’t the point of the piece. And every piece isn’t going to get into structural changes that are possible — particularly at a time when they aren’t going to happen.


Alabama’s AG is trying to restrict people’s rights on multiple fronts currently, defending the state’s refusal to follow the Supreme Court’s voting rights ruling and asking to short-circuit the appeals process to enforce its anti-trans law. https://www.lawdork.com/p/alabama-voting-rights-scotus-trans-care


Republican Alabama Attorney General Steve Marshall is busy, fighting against Black people’s voting rights and trans people’s right to medical care. New, at Law Dork: https://www.lawdork.com/p/alabama-voting-rights-scotus-trans-care


In case you missed it: On Friday evening, both the Biden administration and the maker of mifepristone went to #SCOTUS in the case over abortion medication access. Read about it, and get the filings, at Law Dork: https://www.lawdork.com/p/doj-and-mifepristone-drugmaker-go


Here’s my report on DOJ and Danco Laboratories *both* seeking cert at #SCOTUS on Friday in the mifepristone case (with both petitions posted, of course), and more. New, at Law Dork: https://www.lawdork.com/p/doj-and-mifepristone-drugmaker-go


BREAKING: The Biden administration goes to #SCOTUS in the mifepristone case, as expected. Based on the Fifth Circuit's ruling, DOJ is asking SCOTUS to hear its case for the 2016 and 2021 actions easing access, including ending the in-person dispensing requirement.

Here's the full DOJ cert petition: https://www.documentcloud.org/documents/23945337-usfda-et-al-v-alliance-for-hippocratic-medicine-et-al-petition

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BREAKING: The Fifth Circuit, in an unsigned opinion, upholds aspects of the injunction against the Biden administration relating to social media companies. It ultimately narrows the injunction to one provision, which it alters to the following: https://storage.courtlistener.com/recap/gov.uscourts.ca5.214640/gov.uscourts.ca5.214640.238.1.pdf

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nostr:npub14qfkn0lmz4fht23kwqgr977mzndt6wvtj07pgzchf2dtu48s6uqsmlqq2d True shitshow! I cheat by just saying “ET," on that front.


This is crap; more to come; subscribe to Law Dork: https://www.lawdork.com/


Alito’s statement can be found at the end of a set of SCOTUS orders here: https://www.supremecourt.gov/orders/courtorders/090823zor_21o2.pdf


NEWS: Citing the “duty to sit” & other interviews justices have done w/ media & lawyers who practice before the court, Alito announces that he will NOT recuse himself from Moore v. US. This is in response to Durbin’s letter, but I covered this at Law Dork earlier here: https://www.lawdork.com/p/alito-moore-wsj-questions

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Law Dork has been covering this matter at length. See, most recently: https://www.lawdork.com/p/blount-county-tennessee-tro-anti-drag-law


The Tenn. AG, after fighting alongside the Blount County prosecutor all last week, essentially said earlier this week, "Yeah, we should just wait on that other case, b/c that decides everything. We won't fight an injunction in the meantime." Stipulation: https://storage.courtlistener.com/recap/gov.uscourts.tned.111061/gov.uscourts.tned.111061.35.0.pdf

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NEWS: Fed'l judge in Tenn. grants preliminary injunction against enforcement of the anti-drag law in the Blount Pride case, upon agreement of the parties. Injunction will be in place at least until the 6th Circuit rules on the Friends of Georges appeal. https://storage.courtlistener.com/recap/gov.uscourts.tned.111061/gov.uscourts.tned.111061.43.0.pdf

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nostr:npub1y3cwyac2htwp6sva7ldcpn2yduuaff7tcerx80379ejekvnkltuqx6kfmg That too — though I assume mapmakers would be fine with it?


* = I know, I know.


UPDATE: Special Master in Alabama is moving ahead with remedial map plans, per this latest order—seeking any party’s proposed map by noon Mon CT. Non-parties have until noon Wed CT to submit proposals, w/ comments on all proposals due by midnight* Wed CT. https://storage.courtlistener.com/recap/gov.uscourts.alnd.179302/gov.uscourts.alnd.179302.282.0.pdf

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Here it is:  https://acis-api.flcourts.gov/courts/68f021c4-6a44-4735-9a76-5360b2e8af13/cms/case/d4e628d0-04c0-4817-8ab5-8c6430849be1/docketentrydocuments/84dab1ab-91e8-442b-9602-2941d59956de


Here’s the argument contents. I’m not home, but I’ll upload it once I am.

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Monique Worrell sues DeSantis, as she should. The second elected prosecutor DeSantis has attempted to oust, Worrell’s suspension order was even more vague than the one issued against Andrew Warren.

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If you're just catching up from the weekend, I've published two reports at Law Dork since Friday:

- one on Section 3 of the Fourteenth Amendment and Trump's disqualification from being president under it: https://www.lawdork.com/p/trump-is-almost-certainly-disqualified

- one on the Sunday night ruling in Georgia halting enforcement of that state's new ban on hormone therapy for trans minors: https://www.lawdork.com/p/georgia-trans-minors-hormone-ban-injunction

Check them out, and, if you've not yet subscribed to Law Dork, go for it — there's a free option!


Breaking: Judge blocks Georgia's ban on hormone therapy for transgender minors

New, at Law Dork: https://www.lawdork.com/p/georgia-trans-minors-hormone-ban-injunction