Supreme Court REVERSES the 5th Circuit's decision holding @deray liable for violence at a protest that he did not commit. Advises the 5th Circuit to certify a question of state law to the Louisiana Supreme Court that might insulate Deray from the lawsuit. https://www.supremecourt.gov/orders/courtorders/110220zor_08m1.pdf
The Supreme Court also REVERSES the 5th Circuit's grant of qualified immunity to prison guards in Texas who tortured an inmate. (This is a good decision!) Here are the gruesome facts. https://www.supremecourt.gov/orders/courtorders/110220zor_08m1.pdf
It's extremely rare for the Supreme Court to reverse a grant of qualified immunity to law enforcement or correctional officers. Pretty telling that even SCOTUS thought the 5th Circuit took qualified immunity way too far. https://www.supremecourt.gov/orders/courtorders/110220zor_08m1.pdf
Clarence Thomas dissents from the decision denying qualified immunity to prison guards who tortured an inmate for six days. Alito wouldn't have taken the case in the first place. https://www.supremecourt.gov/orders/courtorders/110220zor_08m1.pdf
Amy Coney Barrett did not participate in today's orders and decisions from the Supreme Court.
The Supreme Court's smackdown of the 5th Circuit today is fascinating. I wrote about that court's utter cruelty—and dramatic deviation from precedent—after Trump stacked it with ultraconservatives. Looks like it went too far, too fast for SCOTUS. https://slate.com/news-and-politics/2019/12/fifth-circuit-trump-judges-devastating.html
Today, Clarence Thomas dissented from a decision denying qualified immunity to prison guards who tortured an inmate. He also dissented from a decision reversing liability against a protester ( @deray) who was held responsible for violence *committed by somebody else.*
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