A 5CA panel issued a per curiam (?) and unpublished opinion enjoining United Airlines’s vaccination policy. This produced a dissent by Reagan nominee Jerry E. Smith that is one of the most brutal evisceration of an opinion that I’ve ever read. Essentially every element of the majority’s unsigned opinion contravenes black-letter law and/or long-established precedent, in order to reach a nutty anti-vaxx policy result. I recommend the whole thing, but here’s the conclusion:
For the record, the two lawless chickenshits in the majority are Jennifer Walker Elrod (G.W. Bush) and Andy Oldham (Trump.) The very model of a modern Republican judge, in other words, and a central premise is becoming that the anti-vaxx imperative (T)rumps literally anything else. Send babies, guns, and Jesus, the shit has hit the fan.