this post was submitted on 20 Mar 2024
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This seems pretty complicated. The argument the Supreme Court seems to be making is that because the 5th Circuit court's order was an "administrative stay" rather than a "stay pending appeal", the judgment of the court shouldn't be questioned, since an administrative stay is supposed to be a very temporary thing not normally subject to legal tests and requirements because the point is to be a tool for court procedure and they don't want to mess with that:
https://www.supremecourt.gov/opinions/23pdf/23a814_febh.pdf#page=16
From what the article is saying, it sounds like the law is currently blocked again because the 5th Circuit changed their mind or something?
I think that behind the scenes, somebody told the 5th to shit or get off the pot, and that SCOTUS just went out on a limb for them to preserve circuit court autonomy, which per Kagan's dissent, they are currently abusing. The Appeals court was pretty clearly slow playing this in a partisan manner.
I think it's important that we remember that at SCOTUS, even most of the conservative Justices (seriously... fuck Clarence Thomas, even apart from RV corruption, he's been a joke of a jurist for decades) still want to believe they're on the right side of precedent and history, so we can often suss out their reasoning, even if it's deeply flawed and disturbing.