Law Dork

BREAKING: Judge Aileen Cannon halts some Trump deadlines in the Mar-a-Lago proceedings and creates a substantial delay in the case by setting a briefing schedule to precede deciding whether there will be supplemental briefing regarding the effect of Trump v. U.S. on the case.

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Trans healthcare anti-discrimination rule blocked nationwide as other LGBTQ rule challenges proceedwww.lawdork.com Some aspects of the rule enforcing Section 1557 of the Affordable Care Act go into effect on Friday. Also: Another Title IX rule injunction.

These three injunctions were all issued July 3, and I wrote about them — as well as another Title IX rule injunction from July 2 — yesterday at Law Dork. Read and subscribe; there are free and paid options. www.lawdork.com/p/trans-heal...

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Parts of the Biden administration’s healthcare nondiscrimination rule went into effect today, but three federal judges — all GOP appointees — issued injunctions against aspects of it, including a Mississippi judge who issued a nationwide injunction blocking the rule’s gender identity protections.

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Judge John Broomes, a Trump appointee, issued a nationwide Title IX rule injunction covering all children of "Moms for Liberty" members this week. That's bad enough, but the procedural/notice mess he made of it is also really absurd: www.lawdork.com/i/146289012/...

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Update: There were four rulings. (Story updated to include a Texas/Montana Section 1557 injunction.) www.lawdork.com/p/trans-heal...

NEW: A trio of federal court rulings this week have blocked Biden administration efforts to protect LGBTQ people in getting healthcare and going to school without discrimination. www.lawdork.com/p/trans-heal...

Important note about this story: www.lawdork.com/p/trans-heal...

I would have held off on publishing this, but one of these is a nationwide injunction blocking the gender identity protections under Section 1557 of the Affordable Care Act, and the judge issued it yesterday — one business day before some of the rule goes into effect on Friday.

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The spinelessness of John Robertswww.lawdork.com Chief Justice John Roberts doesn't want to lead. He is, though, carefully setting up a path to allow the right-wing court to respond to whatever comes its way in 2025.

My three immunity-related SCOTUS stories at Law Dork this week: 1. The ruling: www.lawdork.com/p/robertss-m... 2. The conservatives: www.lawdork.com/p/scotus-dec... 3. The chief justice: www.lawdork.com/p/the-spinel...

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Time and time again, Chief Justice John Roberts made clear that this SCOTUS term was a term of contingent planning, leaving open two paths depending what happens with the election. @chrisgeidner.bsky.social wrote all about it at Law Dork: www.lawdork.com/p/the-spinel...

In case after case, the Supreme Court has whispered, “We’ll hold off to see whether Donald Trump finds his way back into office,” even as the justices acted — repeatedly — to make that possible, if not more likely. From @chrisgeidner.bsky.social —>

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UPDATE: Jonathan Mitchell and Kyle Duncan get another go at the First Amendment, as the Fifth Circuit this evening announced — after business hours going into the holiday weekend — that they're taking the Llano County library books litigation en banc. storage.courtlistener.com/recap/gov.us...

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NEWS: Judge John Broomes, a Trump appointee in Kansas, today blocked the Biden admin Title IX rule as to Alaska, Kansas, Utah, & Wyoming — but also any school nationwide where Young America's Foundation members or the kids of Moms for Liberty go. Opinion: storage.courtlistener.com/recap/gov.us...

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Breaking: Judge Ada Brown, a Trump appointee in N.D. Texas, has blocked the FTC’s noncompete rule, limited to the named plaintiffs, in an APA challenge as likely contrary to law and arbitrary and capricious. The rule is set to go into effect in September. storage.courtlistener.com/recap/gov.us...

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Roberts's majority backs Trump in finding an expansive presidential immunitywww.lawdork.com Sotomayor's dissent for the liberals warned of her "fear for our democracy."

I mentioned the spinelessness of Chief Justice John Roberts on @strictscrutiny.bsky.social last week, and I haven't been able to get it out of my head. So, I wrote about it today at @lawdorknews.bsky.social —>

"When it needs to decide a matter for the right, it can and does accept questionable, if not false, claims as facts. If the result would benefit the left, however, there are virtually never enough facts to reach a decision." @chrisgeidner.bsky.social on the immunity ruling and the Roberts court:

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In today's orders and as expected, SCOTUS GVR'ed — granted, vacated, and remanded — a bunch of cases for reconsideration, mostly in light of Loper Bright (Chevron), Rahimi (Second Amend.), or Erlinger (ACCA). This is what those look like:

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Roberts's majority backs Trump in finding an expansive presidential immunitywww.lawdork.com Sotomayor's dissent for the liberals warned of her "fear for our democracy."

The Supreme Court granted five new cases on Tuesday in its “clean-up” orders. I’ll have more on the rest of the orders in a bit. Here’s the full orders list: www.supremecourt.gov/orders/court...

One line from Roberts’s immunity opinion was particularly galling: “Our dissenting colleagues exude an impressive infallibility,” Roberts wrote of Sotomayor, Kagan, and Jackson. Is Roberts not aware of his decision on Monday? Tonight, from @chrisgeidner.bsky.social —>

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Roberts's majority backs Trump in finding an expansive presidential immunitywww.lawdork.com Sotomayor's dissent for the liberals warned of her "fear for our democracy."

Today’s SCOTUS immunity ruling was a political ruling more than a legal ruling, as is seen by the lack of law in Chief Justice John Roberts’s 6-3 opinion for the conservatives. My Law Dork report: www.lawdork.com/p/robertss-m...

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As to Trump: - Absolutely immune from prosecution for DOJ discussions. - Presumption of immunity for efforts to pressure Pence, but could be rebutted on remand. - Discussions w state actors and Jan. 6 comments must be determined if they are official or not on remand.

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Roberts has the opinion for the court. Thomas concurs. Barrett concurs in part. Sotomayor dissents for the Democratic appointees. Jackson also writes her own dissent. www.supremecourt.gov/opinions/23p...

www.supremecourt.gov

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Law Dork | Chris Geidner | Substackwww.lawdork.com The Supreme Court, law, politics, and more. Click to read Law Dork, by Chris Geidner, a Substack publication with tens of thousands of subscribers.

BREAKING: The Supreme Court holds, 6-3, that a former president is absolutely immune from prosecution for actions within their "conclusive and preclusive" authority and presumptively immune from prosecution for all official acts. More to come at Law Dork: www.lawdork.com

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This morning, we get the final SCOTUS opinions of the term at 10a. Remaining cases include Trump immunity, the NetChoice cases, and the APA accrual rule case. Catch me here, at @lawdorknews.bsky.social, on PBS NewsHour at noon, and at Georgetown Law at 1:25p. Subscribe: www.lawdork.com

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The Supreme Court's cold ruling criminalizing homelessness: Justice Gorsuch's horrifying opinion in the Grants Pass case recalls an earlier heartless dissent. www.lawdork.com/p/supreme-co...

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Supreme Court's cold ruling criminalizing homelessnesswww.lawdork.com Justice Gorsuch's horrifying opinion in the Grants Pass case recalls an earlier heartless dissent. Also: Law Dork in the media.

NEW: On the ignominy of Grants Pass. And the heartlessness of Neil Gorsuch.

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Washington Journal: Chris Geidner Discusses His Substack "Law Dork" & Key Supreme Court Decisionswww.c-span.org Journalist Chris Geidner discusses his Substack newsletter "Law Dork" and recent Supreme Court rulings and key remaining cases this term.

📺 SET YOUR ALARMS, FOLKS! It's @lawdorknews.bsky.social on C-SPAN I'll be on Washington Journal at 9:15a ET Saturday (tomorrow) to talk about Law Dork, SCOTUS, and more! www.c-span.org/video/?53660...

“Chief Justice John Roberts announced the latest — and biggest — step in a continued judicial aggrandizement project on Friday.” @chrisgeidner.bsky.social’s report on Friday at SCOTUS —>

Forget the imperial presidency. John Roberts wants an imperial SCOTUS.www.lawdork.com Justice Kagan lays it out: "The majority disdains restraint, and grasps for power."

What happened at SCOTUS today? Tonight, from @chrisgeidner.bsky.social: In SEC and EPA decisions at SCOTUS, the conservatives are on a "power grab," Justice Sotomayor told us in dissent. Also: We got the EMTALA disposition.

SCOTUS is going into July, destroying executive agency powers along the waywww.lawdork.com In SEC and EPA decisions, the conservatives are on a "power grab," as Justice Sotomayor told us in dissent. Also: We got the EMTALA disposition.

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