SCOTUS Skips Administrative Judge Lawsuit Over Covid Mask Speech

The Supreme Court on Monday declined to review a New York administrative judge’s lawsuit challenging the revocation of his promotion following his public dispute about Covid-19 face-masking, which was posted on TikTok.

NY State Workers’ Compensation Board Judge R. Michael Cestaro wanted the justices to rule that lower courts are improperly importing “a hidden subjective intent requirement” into First Amendment retaliation cases. He says the US Court of Appeals for the Second Circuit did so in his lawsuit by focusing on how his supervisors viewed his off-hours dispute with a New Jersey Transit conductor as rude, “simply declaring those aspects” ...