The Supreme Court's second and final decision is another blow to the 5th Circuit—this time in a unanimous opinion by Justice Alito (!). It vacates the 5th Circuit's (insane) decision holding that the FDA acted illegally by denying permission to market vapes. www.supremecourt.gov/opinions/24p... - ThreadSky

mjsdc.bsky.social • 2 days ago

The Supreme Court's second and final decision is another blow to the 5th Circuit—this time in a unanimous opinion by Justice Alito (!). It vacates the 5th Circuit's (insane) decision holding that the FDA acted illegally by denying permission to market vapes. https://www.supremecourt.gov/opinions/24pdf/23-1038_2d93.pdf

Comments

burtenbutensky.bsky.social•2 days ago

THIS IS A MONUMENTAL DECISION IT SAYS THAT CONGERS CAN DELEGATE TO HAVE EXPERTS MAKE REGULATIONS STOPS A LOT OF 2025.

burtenbutensky.bsky.social•2 days ago

THIS IS A MONUMENTAL DECISION IT SAYS THAT CONGERS CAN DELEGATE TO HAVE EXPERTS MAKE REGULATIONS STOPS A LOT OF 2025.

ljmarx.bsky.social•2 days ago

Thank you for these updates on the Supreme Court decisions!

yutikalcimite.bsky.social•2 days ago

Hate that Alito still thinks of himself expert enough to adjudicate merits of scientific findings rather than rely on testimony of experts on those findings.

yutikalcimite.bsky.social•2 days ago

He should confine himself to adjudicating which experts he believes and why and not opine on the merits of the science in which he is no expert.

sarahb1111.bsky.social•2 days ago

Did this just put Chevron back in play?

mikeroach50.bsky.social•2 days ago

Why do I get the feeling the Court has kinda painted itself into a corner? It’s telling us that the FDA can make and enforce rules but has also said that the EPA can’t? So which is it? And do they realize they themselves have created a conundrum?

mjsdc.bsky.social•2 days ago

Today's decision in the vape case is especially notable because Alito writes for the court in unanimously rejecting an opinion by Judge Andy Oldham of the 5th Circuit—who is widely seen as Alito's most likely successor!

Oldham's opinion was honestly just nuts. https://www.ca5.uscourts.gov/opinions/pub/21/21-60766-CV3.pdf

jarekfa.bsky.social•2 days ago

Reminds me of when Sandra Day smacked down Alito's 3rd circuit ruling in Casey v Planned Parenthood upholding spousal abortion consent, where Alito had quoted Sandra Day's prior opinion upholding parental consent: https://supreme.justia.com/cases/federal/us/505/833/

rvbdrm.com•2 days ago

I think SCOTUS Justice Jeanine Pirro might have something to say about this.

johneola2.bsky.social•2 days ago

This will probably make Trump even more likely to nominate him.

spsnomad.bsky.social•2 days ago

Betting we're going to see this made moot by Elon vaping in the White House within 24 hours, followed by Trump providing a tax credit for the vape companies and the FDA deciding that huffing glue has health benefits.

ljlawyers.bsky.social•1 day ago

A lucid interval. Still, it’s depressing that it’s news when Alito or Thomas do follow the law, don’t make up “facts,” or don’t re-write the record.

mazen19.bsky.social•2 days ago

Maybe it's Alito signalling he doesn't want Oldham as his successor

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