Mark Joseph Stern's avatar

Mark Joseph Stern

@mjsdc.bsky.social

In case Justice Thomas' smackdown for the 5th Circuit weren't enough, Justice Kagan wrote a concurrence—joined by Sotomayor, KAVANAUGH, and BARRETT—explaining why the 5th Circuit's analysis of constitutional history and tradition was completely wrong. www.supremecourt.gov/opinions/23p...

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John's avatar John @lawyerbennett.bsky.social
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The Fifth Circuit plumbs the depth of fatuity. That's the best thing I can say about this once accomplished court.

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Mark Joseph Stern's avatar Mark Joseph Stern @mjsdc.bsky.social
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Today's CFPB decision has a lot in common with the last Obamacare case: The 5th Circuit went so far off the tracks that it got a spanking in the form a vehement 7–2 reversal by SCOTUS, with even Justice Thomas concluding that the 5th Circuit's nihilistic arsonists lost the plot.

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