Thomas pushed to overrule Kagan's order in COVID-related First Amendment case where RFK Jr. serves as co-counsel

[BumRushDaShow]

Source: Law & Crime

Nov 22nd, 2024, 1:36 pm


Basketball legend John Stockton asked Supreme Court Justice Clarence Thomas to help run a screen as he attempted to revive a foiled First Amendment lawsuit involving COVID-19 regulations.

In March, the Gonzaga great, along with various other plaintiffs, filed a federal lawsuit in Stockton’s native Washington against the state’s Attorney General Robert Ferguson and the executive director of the Washington Medical Commission over sanctions targeting “physicians who speak out against the mainstream Covid narrative.”

In May, the U.S. District Court for the Eastern District of Washington denied the motion for a preliminary injunction and dismissed the case. An appeal was lodged with the U.S. Court of Appeals for the Ninth Circuit — where briefing is ongoing. In September, the appellate court denied a request to issue an injunction pending appeal.

In October, Stockton and his co-plaintiffs asked Justice Elena Kagan for an injunction pending appeal — which she blocked without a word on Wednesday. Now, the plaintiffs want to pass the ball to a justice they believe has a better stat line on First Amendment issues.

Read more: https://lawandcrime.com/high-profile/thomas-pushed-to-overrule-kagans-order-in-covid-related-first-amendment-case-where-rfk-jr-serves-as-co-counsel/

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Clarence Thomas is not in charge of the SCOTUS. Kagan is assigned to the 9th Circuit and Thomas to the 11th. It's like I'm on another planet.

[wolfie001]

1. Basketball's version of Curt Shilling

Another white, self-important jackass. So many out there. I hope he's as good with his $ as Shilling was.

[moniss]

2. The ones like Rogan, Maher, RFK Jr

etc. will denigrate the medical community with their nonsense but the first time they grab their chest or feel a lump etc. they will charge into the hospital shoving others out of the way in order to demand to be seen.

[wolfie001]

3. All shitstains

Everyone you mentioned. Maher and his .01% both siderism.

[onenote]

4. This move is expressly countenanced by longstanding Supreme Court rule.

While I get the OP's frustration, Stockton et al renewing their application for a stay after Kagan denied it, and specifically asking that the renewed application be presented to Thomas, is precisely what Supreme Court rule 22.4 allows.

Rule 22.4 states, in pertinent part: . A Justice denying an application will note the denial thereon. Thereafter, unless action thereon is restricted by law to the Circuit Justice or is untimely under Rule 30.2, the party making an application, except in the case of an application for an extension of time, may renew it to any other Justice, subject to the provisions of this Rule. Except when the denial is without prejudice, a renewed application is not favored. Renewed application is made by a letter to the Clerk, designating the Justice to whom the application is to be directed, and accompanied by 10 copies of the original application and proof of service as required by Rule 29.

While in this situation, it could allow Thomas to give Stockton what Kagan refused to give him, there are situations where I suspect we would be very happy this rule exists. Imagine, for example, a request for stay presented to Thomas in the first instance because it arises out of the 11th circuit. Being able to renew that request and have it presented to Kagan, or Sotomayor, or Jackson could be a good thing.

[BumRushDaShow]

5. "Judge (Justice) shopping".

It's a pattern with the right wing.

[onenote]

6. Would you be opposed to our taking advantage of the rule if the opportunity arose?

My prediction: Thomas refers the request to the entire court and the repub majority votes to grant it. Presumably that's why Kagan didn't refer it in the first instance -- she knows it will be granted but didn't want to do it herself.

[BumRushDaShow]

7. "Would you be opposed to our taking advantage of the rule if the opportunity arose?"

I expect the fact that there has apparently been little or no situations where "the opportunity arose", means that one would need to manufacture such in order to use the loophole - especially when referring it to someone who had previously penned a freakish minority opinion, and who had also been cited by a novice judge to justify throwing out a major classified documents case.

I.e., "gaming the system" is not what this nation's Constitution and laws, were purportedly written to facilitate.

[onenote]

8. As predicted, Thomas has referred Stockton's stay application to the entire court.

I still think its likely the court will vote, probably 6-3 to grant the application, but we should know more next week -- it's scheduled to be considered in conference on the 10th.