Away on vacation, I’m sorry to see that Justice Sotomayor, in her capacity as Circuit Justice, for the Tenth Circuit, yesterday denied the emergency application by which the members of the Green family sought an injunction, pending appellate review, against the HHS mandate. I’ll limit myself for now to a couple of brief comments:
1. I’m surprised that Sotomayor didn’t see fit to refer the application to the full Court for decision.