[DrewsMum]

I agree.

This response also cited various circuit court precedents. So whichever one gets it will have to face that and I think that alone would force SCOTUS to take the case if they were to contradict their own precedents. Those are just my thoughts though.

[Bruce Campbells Chin]

A nationwide vaccine mandate covering over 100 million people is a matter of such massive public import that I cannot imagine that there wouldn't be at least 4 justices agreeing that any Panel Order vacating the 5th Circuit's Order should be heard on an expedited basis.

And honestly, I don't see how we lose this one at the Supreme Court. It's a terrible order, and I think we even get Roberts for this one. Minimum 5-4, probably more. I actually could see close to a unanimous order on the ground that this doesn't qualify as an emergency.