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Max Kennerly@maxkennerly.bsky.social |
This will be held up as "SCOTUS isn't political," which overlooks how the case was outrageous and absurd in the first place. Kacsmaryk and the 5th Circuit brazenly violated basic principles of standing taught to every 1L. It shouldn't have made it this far.
30 replies 339 reposts 1146 likes
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Gay Wizard
@gaywizard.bsky.social
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It’s wild to me that in every other aspect of our politics we never talk about we are actually talking about. Political lies and euphemism get taken at face value. EXCEPT with SCOTUS. We never talk about what they say, only what it might mean in their hearts.
0 replies 2 reposts 20 likes
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Emperor Joshua Norton II
@joshuanortonii.bsky.social
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Or to put it another way: This was not important enough for Alito's masters, so they sent no directive about how to rule.
0 replies 0 reposts 0 likes
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@tymestalker.bsky.social
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And of course Thomas has to write separately to go after one of his pet projects from the bench
0 replies 0 reposts 0 likes
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Gary Legum
@glegum.bsky.social
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Was this the case where the appeals court ruled that antiabortion doctors were harmed because they missed out on the aesthetic joy of seeing pregnant patients?
2 replies 1 reposts 17 likes
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@diskobae.bsky.social
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Gotta take the heat off the Alitos and Thomases.
0 replies 0 reposts 0 likes
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Robert Black
@hurricanexyz.bsky.social
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Yeah lol, the real headline is "Fifth Circuit so far off the reservation they're doing things even Thomas and Alito can't condone"
0 replies 0 reposts 0 likes
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zenosAnalytic
@zenosanalytic.bsky.social
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Yeah. Can appellate judges censure lower courts for allowing ridiculous cases like this through?
0 replies 0 reposts 1 likes
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Matthew Nadler
@areaman65.bsky.social
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I get the impression this was less about standing and more about telling the 5th circuit to stop wasting SCOTUS's time. I wouldn't be shocked if someone comes back with a better prepared argument.
0 replies 0 reposts 0 likes
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Merm
@ktrat.bsky.social
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They still have Comstock, so they can send this out and try to look normal
0 replies 0 reposts 3 likes
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@tryingoverhere.bsky.social
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Not saying you’re wrong, but like, they’ve been delighted to indulge bullshit before
1 replies 0 reposts 5 likes
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Moderately Grouchy
@moderately-grouchy.bsky.social
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No one thinks this is apolitical. What it is, is a legal farce, but more deeply, an opportunity for a cascade of cases with expert testimony to flop on the porch of SCOTUS, which is extremely reluctant to review cases with a lot of technical content.
1 replies 0 reposts 0 likes
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r
@recombobulating.bsky.social
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It's disturbing how many people think politics only applies to things they think are Bad.
0 replies 0 reposts 6 likes
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BRAK AND BLUE
@yinkadoubledare.bsky.social
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They YOLO'd standing in 303 Creative among others but I guess "we'll believe obvious lies about an injury" works for them while "you can't even make up an injury" is a bridge too far.
0 replies 0 reposts 8 likes
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Hare 🍉
@haredurer.bsky.social
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And SCOTUS is only not taking it on because they don't want to intensify the Dobbs effect and hurt the GOP in November. They are extremely sensitive to what they think they can get away with.
0 replies 0 reposts 4 likes
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Susanne resists on Bluesky
@momoftwo.bsky.social
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All of that.
0 replies 0 reposts 0 likes
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Tom Keck
@tmksyracuse.bsky.social
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0 replies 0 reposts 12 likes
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Aziri
@aziri.bsky.social
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Even my non-lawyer self was asking where tf the plaintiffs thought that trainwreck was headed for with those weak excuses for standing.
0 replies 0 reposts 3 likes
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Deltron Zero
@lloid.bsky.social
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It was like dentists suing to remove fluoride from water so they would have more chances to practice their trade. Wacky premise to get this far.
1 replies 0 reposts 10 likes
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Raven Onthill
@ravenonthill.bsky.social
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They've been ignoring standing, though, so maybe this marks an improvement.
0 replies 0 reposts 0 likes
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LardDragonEzra
@larddragonezra.bsky.social
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Meanwhile, we'll hear that as SCOTUS makes decisions like today's Starbucks one against the NRLB, the emergency abortion case, and Trump's magical immunity.
0 replies 0 reposts 1 likes
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Allen Garvin
@allengarvin.bsky.social
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It is sad, I looked forward to suing for every odd thing suffer an "aesthetic injury" from.
0 replies 0 reposts 0 likes
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John Doyle
@jdoyleoss.bsky.social
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This is, at the current moment, the best possible outcome though.
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Malaclypse the Fetus
@omfproductions.bsky.social
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Me reacting in a discord...
0 replies 0 reposts 1 likes
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A.
@buttmatt.bsky.social
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I was a little worried they were going to say ‘fuck it’ to standing. Bracing for Chevron impact 🫨
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Nomad
@nomadtx.bsky.social
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Exactly right, This lays the foundation for Trump Immunity tomorrow.
1 replies 0 reposts 4 likes
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CaseyL
@caseyl.bsky.social
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SCOTUS ignores standing when it wants to. This time it didn't want to. "People are saying" - that Big Pharma's argument about the impact this would have on the drug industry persuaded the RW contingent on SCOTUS. That sounds right to me.
1 replies 2 reposts 12 likes
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Synthaholic
@synthaholic.bsky.social
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And as soon as they find someone with standing, they will revisit and ban. But they bought themselves time before the election - the main objective here.
1 replies 0 reposts 4 likes
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Dennis is a bastard man
@jayjayerjayest.bsky.social
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“We’re not going to destroy the federal government’s ability to regulate medical products…yet ;)” ok thanks
0 replies 0 reposts 3 likes
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Matt
@mttlvn.bsky.social
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Exactly. What it means is that SCOTUS isn't completely incompetent at politics.
0 replies 0 reposts 1 likes
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Reuxben
@reuxben.bsky.social
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"It shouldn't have made it this far" is surely the anthem of this past decade or so--so much angst and strife have developed and flourished when in any decent circumstance, they would have long been removed from (at least polite) society and never been anything more than gurglings in fringe circles.
0 replies 0 reposts 0 likes