The Asinine Fifth Circuit Would-Be "Opinion" Issued Tonight Is Soon To Line Birdcages -- After The Supremes Have Their Say.

I will attempt to be brief, since this opinion will never remain on the books as good law, after the Supremes reach it.

OTOH, if one wishes to read a purely political treatise, as to why everything done between early 2017 and late 2020 (i.e., in the "Time of Tangerine" -- despite his team going about 3 for 43 in the federal courts) in the land of opposing OSHA and other standards was correct, and everything done after President Biden took office. . . is wrong, at most agencies. . . then this 22 pager. . . is an opinion for you. It reads more as a GOP political talking points memo, than any opinion of law -- making baldly-partisan advocacy, well beyond the question(s) presented, its stock-in-trade. Tellingly, it mostly avoids even mentioning the precedents cited by OSHA, in that agency's briefs.

F U G L Y.

I said earlier in this month that if the three Fifth Circuit hard right appointees won't simply apply the well-settled federal OSHA law, I am quite confident Chief Justice Roberts. . . will. How's that for a prediction? [That is to say -- name the last time I was confident about the Chief's scruples, here.] Now we await timing, as I expect OSHA will take an appeal directly to the Supremes, in a day or so. Onward, grinning -- just the same.

नमस्ते