Glimmers of judicial pushback in the USA

Though slowly, at least US wheels of justice are actually turning, unlike UK’s

Amid all the gloom and evidence of top-to-toe captured institutions worldwide, there are some glimmers of effective pushback emerging from the USA.

Here are a few examples from opposite ends of the judicial system.

Firstly, in California, the Bishop Unified School District has been ordered in a district court to pay $400,000 damages for harms caused by pandemic-related measures.

Moreover the district must also provide counselling and tutoring for the students, and training for all BUSD faculty and staff on “public health, response to public health emergencies, informed consent, and bullying/harassment/retaliation issues.”

The press release from the group behind the case can be read here and is worth reading in full.

Secondly, at the other end of the spectrum, an opinion handed down only last week by Neil Gorsuch, a Justice of the Supreme Court, makes very interesting reading.

The case (State of Arizona v. Mayorkas et al) actually concerned some relatively obscure points of US Constitutional law regarding the rights of individual States to intervene in a Federal case about immigration policy during the covid crisis.

However, the judge’s opinion more broadly signposts judicial attitudes towards the way in which the US Government has exercised power recently.

The full opinion can be read here and an extract of the most interesting part – which we highly recommend all to read – is here

In the opinion, Gorsuch J criticises just about every aspect of US Government policy over the last 3 years.  He does not confine his opinions to arcane criticisms of the way in which policy was formulated or administered, but takes aim squarely at the policies themselves.

Lockdowns, vaccine coercion, suppression of alternative viewpoints, the concentration of power in the hands of too few individuals, the overuse of emergency decrees and the supine behaviour of the courts (including his own – the Supreme Court) are all in his sights.

Finally, although relatively underreported, one of the most important civil rights cases EVER heard in the USA continues to wind its way through the US court system.

Filed on 5 May 2022, in Missouri v Biden, the States of Missouri and Louisiana, together with several individuals (including Jay Bhattacharya and Martin Kuldorff) are suing the US Federal Government and various Social Media companies for colluding to limit free speech in contravention of rights of free speech enshrined in the First Amendment of the US Constitution.

So far, judicial decisions at various interim hearings have all been in favour of the plaintiffs (ie claimants).

This tweet thread – and the documents linked – provides an excellent overview of the case.

At present, a hearing is ongoing in which lawyers for the plaintiffs are petitioning for an injunction to halt the activities of the government’s censorship-industrial complex while the substantive case is tried.
An up-to-date summary of where the case is can be found here and here, with future updates being posted on that author’s substack.

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