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The Latest Breaking News from Labrador

Severability on the Shadow Docket: SCOTUS Splits 5-4 On Whether Entirety of Title IX Regulations Must Be Enjoined

Justice Gorsuch joins the three dissenters on severability. What about Justices Thomas and Barrett?

What Is The Standard For A Stay? Moyle v. U.S. or Ohio v. EPA?

Like a good neighbor, State Farm is there.

Justice Barrett Evolves Again On The Emergency Docket In Moyle

Cert before judgment will no longer be granted unless the applicants prove they will suffer enough irreparable harm.

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Justice Kavanaugh Speaks at the Fifth Circuit Judicial Conference

Today Justice Kavanaugh spoke at the Fifth Circuit Judicial Conference in Austin. I was pleased this session was open to the press, and saw several reporters in the room. The Washington Post has an early report. Chief Judge Richman interviewed Justice Kavanaugh. It was a very engaging exchange. I thought…

Ohio AG Asks State Supreme Court To Bar Universal Injunction

Can a state trial court issue an "universal injunction" against all parts of a new law, even though "only two named plaintiffs have alleged narrow harms from only one part of the law."

Justice Kavanaugh's Concurrence in Labrador v. Poe

Justice Kavanaugh laid out a unifying theory for the Shadow Docket.

Justice Gorsuch's Concurrence in Labrador v. Poe

The walls are closing on universal, non-party injunctions against state laws.

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Congratulations to Sam Bray, Whose National Injunction Article Was Cited Three Times by Justices Today

That happened in yesterday's opinions respecting the stay in Labrador v. Poe, twice in Justice Gorsuch's concurrence (joined by Justices Thomas and Alito), and once in Justice Jackson's dissent (joined by Justice Sotomayor). Nice! For Sam's substantive analysis of Labrador, see this post.

Is the Bell Tolling for Universal Injunctions?

Yesterday the Court stayed most of the district court's injunction in Labrador v. Poe, narrowing the injunction so that it protected only the plaintiffs from the enforcement of Idaho's statute restricting surgeries and other kinds of medical interventions for minors related to gender identity. Accompanying the Court's stay were three…

'Labrador' Charles Leclerc told he shouldn't be top dog at Ferrari over Carlos Sainz

'Labrador' Charles Leclerc told he shouldn't be top dog at Ferrari over Carlos Sainz

Leclerc finished second in the drivers' standings last season, albeit a long way off runaway champion Max Verstappen, but one racing legend feels he should not be top dog at Ferrari

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