Thomas overrides Kagan in COVID-related First Amendment case
Elena Kagan, on the left; Robert F. Kennedy Jr., in the center; Clarence Thomas, on the right.

Elena Kagan on the left, Robert F. Kennedy Jr. hosting a fireside chat in the center, and Clarence Thomas on the right.

Supreme Court Justice Clarence Thomas on Wednesday overrode Justice Elena Kagan in a high-profile First Amendment case involving COVID-19 regulations, basketball legend John Stockton, and putative Donald Trump administration cabinet nominee Robert F. Kennedy, Jr.

Stockton is the lead plaintiff in the fast-paced litigation that aims to avail the free speech rights of physicians who, in the original petition’s words, “speak out against the mainstream Covid narrative.”

The lawsuit was filed in the spring and subsequently shot down at various stages in the federal system. Using a different procedural vehicle allowed the plaintiffs to quickly file an application for an injunction pending appeal with Kagan in late October. The Barack Obama-appointed jurist declined to do so — without a word — in late November.

Now, an admittedly “long shot” effort to convince Thomas to overrule his colleague on the bench has panned out and managed to keep the case alive, for now at least, with the nation’s high court.

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