Interesting Thread On the Fifth Circuit Ruling On Biden's Vaccine Mandate

Q: What is the multicircuit lottery?
A: As @smmarotta has written about in great detail, it is a mechanism through which litigants in cases pending in multiple different circuits can have a single circuit assigned to the case at random.

— KSV (@KSVesq) November 8, 2021

Q: Will this go to SCOTUS after the [whichever] Circuit decides the case?
A: Almost certainly and very likely on the emergency Shadow Docket (to be filed by whichever party loses)

— KSV (@KSVesq) November 8, 2021

Always best to listen to the people who know what they're talking about. 

The implication of this is that DOJ gets this reassigned to another appellate court, and the victory in the 5th Circuit is a pyrrhic one. As it should be, just because that court acted so peremptorily, if for no other reason (like: THEY'RE WRONG!!!!!).

This isn’t just the same *court* that has bent over backwards to allow #SB8 to go into effect (despite “grave constitutional issues”); it’s the same *panel* that reached out to prevent the district court from even *holding* a preliminary injunction hearing in the providers’ case.

— Steve Vladeck (@steve_vladeck) November 6, 2021

As I said, always better to go with the experts.