The Volokh Conspiracy

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SCOTUS Cites F.4th!

I had missed the first citation in Doe v. Mills.


At some point in mid-2021, WestLaw introduced F.4th–the fourth series of the Federal Reporter. And now, F.4th made it into the Supreme Court's cases.

In Doe v. Mills, Justice Gorsuch's dissent cited the First Circuit's decision:

Maine's regulation sought to "protec[t]the health and safety of all Mainers, patients, andhealthcare workers alike." Does 1–6 v. Mills, ___ F. 4th ___, ___, 2021 WL 4860328, *6 (CA1, Oct. 19, 2021).

And in NFIB v. OSHA, the Court repeatedly cited Judge Sutton's dissental in In re MCP, as well as the Fifth Circuit's opinion in BST Holdings v. OSHA. Both opinions are reported in F.4th.

Welcome to the U.S. Reports, F.4th.

For those curious, F.3d was published between 1993 and 2021. It had a long run–longer than most current law students have been alive. Then again, F.2d stretched from 1924 till 1993.