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Notes by Chris Geidner | export

 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 
 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 
 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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 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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 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. 
 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 
 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 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 
 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 
 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/ 
 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 
 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 
 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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 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. 
 nostr:npub1p0wyn67cd9cm80vj6ds5crpss5sg76jplv32v6mn23szgexu3yxqq822r5 felony??

Good god, they wa... 
 @423f923b There are five states whose laws include felony penalties. Oklahoma is one of them. 
 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 
 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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 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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 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 
 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 
 nostr:npub1p0wyn67cd9cm80vj6ds5crpss5sg76jplv32v6mn23szgexu3yxqq822r5 right, but I trust them as ... 
 @3c95b752 I mean, the 2024 election process is starting this month, per the SOS. So, what you’re saying is not happening. 
 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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 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:npub1p0wyn67cd9cm80vj6ds5crpss5sg76jplv32v6mn23szgexu3yxqq822r5 so in Nov 2024 when they st... 
 @3c95b752 the story says … they’re not. 
 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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 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 
 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 
 nostr:npub1p0wyn67cd9cm80vj6ds5crpss5sg76jplv32v6mn23szgexu3yxqq822r5 might I suggest "Wes Allen ... 
 @f55632d5 changed! honestly I got rid of a line about the tweet, calling it a “resigned tweet,” to avoid that confusion. 🙃 
 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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 Here is my report on today’s Alabama news: https://www.lawdork.com/p/alabama-new-congressional-map-order 
 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 
 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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 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 
 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 
 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 
 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 
 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 
 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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 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 
 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.) 
 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 
 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 
 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 
 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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 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 
 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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 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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 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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 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 
 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 
 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/ 
 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 
 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/ 
 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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 Texas has executed Jedidiah Murphy, per the AP. 
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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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 The Trump arguments (audio) will be live-streamed here: https://www.youtube.com/watch?v=ngUhSD35DoA