Notices by Chris Geidner (chrisgeidner@journa.host), page 6

BREAKING: The Musk/SpaceX (Morgan Lewis) challenge to the NLRB structure has been transferred to C.D. Cal. from S.D. Tex. where Morgan Lewis filed. https://storage.courtlistener.com/recap/gov.uscourts.txsd.1946370/gov.uscourts.txsd.1946370.82.0.pdf

First take out of SCOTUS arguments: The Colorado Supreme Court’s ruling kicking Trump off the ballot is all but certain to be reversed. The question is how: Does a majority reach a conclusion? Does it definitively resolve Sec. 3 as to all pre-election questions? Does it do so period?

More to come at Law Dork: https://www.lawdork.com/

I've covered the litigation surrounding nearly every scheduled execution in the United States over the past decade — and there's no one out there reporting nationally on this extremely intricate, life-or-death litigation like me. Support my work at Law Dork by subscribing now: https://www.lawdork.com/

BREAKING: Supreme Court, on 5-4 vote, grants DOJ request to enforce immigration policy over Texas decisions to install razor wire fencing along the border. The 5th Circuit had sided with Texas. The Chief Justice and Justice Barrett joined the three Dem appointees.

NEWS: Idaho’s ban on gender-affirming medical care for minors will remain blocked for now. Overnight, the district court denied the Idaho AG’s request for a stay pending appeal. Background at Law Dork: https://www.lawdork.com/p/idaho-gender-affirming-care-ban-injunction

BREAKING: Musk's SpaceX and his anti-labor lawyers at Morgan Lewis filed their motion for a preliminary injunction tonight in their case aimed at getting the National Labor Relations Board declared unconstitutional: https://storage.courtlistener.com/recap/gov.uscourts.txsd.1946370/gov.uscourts.txsd.1946370.37.0.pdf

Trump had a tough day at the DC Circuit.

“I think it’s paradoxical to say that his constitutional duty to take care that the laws be faithfully executed allows him to violate criminal laws,” the one Republican-appointed judge on the panel said.

Law Dork: https://www.lawdork.com/p/dc-circuit-trump-immunity-arguments

Trump engaged in insurrection three years ago today. The Supreme Court must say so.

I don’t think I can put it more plainly. Tonight, at Law Dork: https://www.lawdork.com/p/trump-insurrection-scotus

Another pro-LGBTQ ruling, this time out of federal court in Iowa: https://s3.documentcloud.org/documents/24245991/preliminary-injunction-order.pdf

BREAKING: The Supreme Court will hear cases over eased access to medication abortion drug mifepristone. The court also denied a request from challengers to hear their challenge to the 2000 approval of the drug. More to come at Law Dork: https://www.lawdork.com/

Re: mifepristone. This is the best-case scenario for abortion rights supporters. DOJ and Danco *asked* SCOTUS to take the case over eased access because the 5th Circuit decision would've ended the eased access. The challengers said, though, "If you take their case, take ours, too." SCOTUS did the first, not the second.

SCOTUS granted five other cases for review this morning as well. Here is the orders list: https://www.supremecourt.gov/orders/courtorders/121323zr_f204.pdf

I hate to ask specifically, but if any Law Dork readers from West Virginia would consider getting a paid subscription, you’d fill out the map — and help me reach my final goal for the year: a paid subscriber in every state and DC. 🙏 https://www.lawdork.com/

I'm just seeing the Rainbow Bridge news. I guess we will now get to learn what happens when this sort of news breaks in this post-Twitter-as-the-common-space era — and what we've learned about how to understand breaking-news reports in such situations. My rules: Be skeptical, wait, and don't share things that aren't clearly sourced and credibly confirmed.

NEWS: Idaho (with new ADF and Cooper & Kirk lawyers) is asking SCOTUS to allow the state to fully enforce their abortion ban, regardless of the federal emergency room care law (EMTALA), while the appeal proceeds. First reported by Kelcie Moseley-Morris tonight: https://idahocapitalsun.com/2023/11/21/alliance-defending-freedom-asks-u-s-supreme-court-to-intervene-in-idaho-abortion-case/

Notably, in the Idaho AG/ADF/Cooper&Kirk application for a stay pending appeal, they are providing an alternative argument that SCOTUS should take up the EMTALA question now for merits arguments this term.

This will be a new shadow docket matter at SCOTUS although it's not yet on the docket. ADF's link to the filing: https://adfmedialegalfiles.blob.core.windows.net/files/IdahoMotionToStayPendingAppeal.pdf

I've written extensively on this case at Law Dork, most recently about Ninth Circuit shenanigans: https://www.lawdork.com/p/ninth-circuit-abortion-trump-appointees

WHAT'S UP HERE? Since before the fall of Roe, DOJ has said the fed'l E.R. law (EMTALA) includes abortion-related care protections. DOJ is suing Idaho, with its near-total abortion ban, saying there must be an EMTALA exception. With this filing, this fight is now coming to SCOTUS.

Here's a quick note at Law Dork — with relevant documents linked — on tonight's ruling enjoining Montana's anti-drag law: https://substack.com/@chrisgeidner/note/c-41825899

BREAKING: On a 2-1 vote, the 11th Circuit DENIES Florida’s request that it be allowed to enforce its anti-drag law against everyone in the state except the plaintiffs during the appeal.

tl;dr: The law remains wholly blocked.

Background at Law Dork: https://www.lawdork.com/p/florida-anti-drag-law-likely-unconstitutional