5th Cir. gives a bit of correction to a district court judge that entertained a cumulative effects lawsuit challenging Louisiana's abortion laws in total—including where the plaintiffs obviously wouldn't have standing.
ca5.uscourts.gov/opinions/pub/1…
ca5.uscourts.gov/opinions/pub/1…
These cumulative effects challenges are one of the Hot New Things (TM) in abortion litigation.
The Court is skeptical that they are cognizable and notes that Whole Women's Health is not precedent for them.
The Court is skeptical that they are cognizable and notes that Whole Women's Health is not precedent for them.
The Court declines to grant the writ of mandamus, however, on the theory that having heard the 5th Cir. on this, the district judge will get with the program.
