|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|09-1233||E.D. Cal.||Nov 30, 2010||May 23, 2011||5-4||Kennedy||OT 2010|
Disclosure: Akin Gump represents California State Republican Legislator Intervenors, et al. in this case.
Holding: 1)The court below did not err in concluding that overcrowding in California prisons was the primary cause of the continuing violations of prisoners constitutional rights to adequate health care. 2) The evidence supported the conclusion of the three-judge panel that a population limit was necessary to remedy the overcrowding problem. 3) The relief ordered by the three-judge court the population limit was narrowly drawn, extended no further than necessary to correct the violation, and was the least intrusive means necessary to correct the violation.
Plain English Holding: A federal court lawfully ordered California to reduce its prison population to remedy long-standing constitutional violations arising from prison overpopulation.
Judgment: United States District Courts for the Eastern District and the Northern District of California affirmed, 5-4, in an opinion by Justice Kennedy on May 23, 2011. Justice Scalia wrote a dissenting opinion, which was joined by Justice Thomas. Justice Alito also wrote a dissenting opinion, which was joined by the Chief Justice.
NEW: The Supreme Court declines to block the execution of Alabama prisoner Willie Smith, who is scheduled to be put to death by lethal injection tonight. No noted dissents, but Sotomayor adds a brief statement expressing concerns about Alabama's conduct.
NEW: Texas files its response to the Justice Department's emergency application asking the Supreme Court to block the state's six-week abortion ban.
Full brief is here: https://www.supremecourt.gov/DocketPDF/21/21A85/197064/20211021113524436_21A85_United%20States%20v.%20Texas_Opposition.pdf
Breyer is the third justice since August to turn away an emergency challenge to a vaccine mandate, without referring the issue to the full court. Earlier: Barrett declined to block Indiana University's mandate, and Sotomayor declined to block NYC's mandate for school employees.
Justice Stephen Breyer turns down request to block enforcement of Maine's COVID-19 vaccine mandate for healthcare workers, although he leaves open possibility that plaintiffs can return to #SCOTUS after the court of appeals acts: https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/21a83.html
Where do things stand at the Supreme Court with the two pending challenges to the Texas anti-abortion law? Here's an explainer from @katieleebarlow in a Tik Tok minute.
#SCOTUS grants request by Texas abortion providers to fast-track consideration of petition for cert before judgment in challenge to SB8. Response from Texas is due by noon on Thursday -- same time as Texas's response to US filing today. Order is here: https://www.supremecourt.gov/orders/courtorders/101821zr1_2c8f.pdf
BREAKING: The Justice Department has filed its emergency application asking the Supreme Court to block Texas' six-week abortion ban.
The filing is here: https://www.supremecourt.gov/DocketPDF/21/21A85/196650/20211018120230336_US%20v.%20Texas%20application%20final.pdf
NEW: The Justice Department, as expected, says it plans to ask the Supreme Court to block enforcement of the Texas law that bans abortions after six weeks of pregnancy.