this is a point i've been making a lot lately, but the structures of the conservative legal movement, the federal courts, their capture of the 5th circuit and NDTx, and the way individual incentives work within these structures all combine to make SCOTUS the de facto *leftward* bound of the movement
i mean i think from the judicial conference that is staffed by roberts' pet picks trying to break the nd texas judge shopping racket is a pretty big tell how roberts feels!
i will admit this is leaving my area of expertise but my understanding is that, absent a congressional veto, the rule will become mandatory by law in a few months
IIRC McConnell moaned about it and the 5th circuit was defiant and said we won’t follow this right now and everyone said ok that’s fine. BUT the way rule making works, it will become mandatory in a few months and then they’ll have to follow it so it was more of a tantrum than anything else
Fwiw it’s the sort of tantrum which an appellate court above them could/should use to give less deference to discretionary relief issued or denied by the circuit’s courts, like motions to transfer
