Lucas Wall says the federal mask mandate is discriminatory. Lawyers say his chances of success with the Supreme Court are slim - but not zero.
over the mandate, arguing that it discriminated against people who couldn't wear masks because of medical conditions. Wall said he's been grounded because he can't wear a mask due to an anxiety disorder.
Elliot E. Slotnick, professor emeritus at The Ohio State University, said: "Such applications are both rare and rarely accepted, likely only in a case where irreparable harm could occur through not acting immediately." Legal experts who reviewed Wall's Supreme Court application this week said his airline costs likely wouldn't meet that standard.Joseph F. Kobylka, chair of political science at Southern Methodist University, said the court would be more likely to take up Wall's emergency application if a broad group of Americans were in situations similar to Wall's. Otherwise, he doubted it would get traction, he said.
Nicole Huberfeld, professor of law, policy, and management at Boston University, said: "It is doubtful he would have a sympathetic ear in Justice Thomas, even though Thomas has long wanted to limit congressional authority over commerce.""No one is a wise enough to predict what the Supreme Court will do on any given issue," he said.
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