John Doe Profile picture
16 Oct, 5 tweets, 2 min read
6th Circuit panel, by a vote of 2-1, vacates an injunction against a Kentucky abortion regulation. Judge Larsen writes for the majority, and Judge Clay dissents.…
The 6th Circuit joins the 8th Circuit in holding Chief Justice Roberts' concurrence in June Medical is controlling for purposes of Marks. The 5th Circuit is on the other side of that question (Judge Willett dissented).
Not sure I've seen this before. The majority argues the GVRs in two 7th Circuit abortion cases in July indicates the Whole Woman's Health benefits and burdens balancing test is no longer good law.
In dissent, Judge Clay heavily criticizes the majority for not applying Whole Woman's Health.
He closes by arguing the regulation violates Casey's undue burden standard as well.

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More from @fedjudges

16 Oct
This is the kind of thing that sounds nice until you realize Schumer isn’t going to listen to the most junior member of his caucus about the filibuster.
This is amazing. She’s willing to nuke the legislative filibuster but wants to bring back the judicial filibuster? Those mental gymnastics would win a gold medal at the Tokyo Olympics.
I don’t think it’s possible to both rewind the Senate to November 2013 and nuke the legislative filibuster.
Read 4 tweets
15 Oct
The thing about Sen. Sheldon Whitehouse criticizing Republicans' "because-we-can" stance is that he has done it as well. He blocked a Bush nominee to Rhode Island's 1st Circuit seat just so the next president could fill it.
Whitehouse blocked a magistrate judge nominated by President Bush to a district court vacancy in the state and then recommended President Obama nominate an attorney who contributed close to $12,000 to his campaigns, and more than $500,000 to other politicians.
Republicans should be aware of what they're doing and the potential consequences. But why in the world are they going to listen to Sheldon Whitehouse?
Read 4 tweets
15 Oct
Which current justices have trial experience? I'm presuming Alito and Sotomayor do from their time as prosecutors. Any others?
Justice Gorsuch tried a number of civil cases while in private practice. (H/T @smmarotta) Image
Chief Justice Roberts and Justice Kavanaugh had little to no trial experience before becoming judges. ImageImage
Read 4 tweets
14 Oct
What's next for ACB's nomination to #SCOTUS:
TOMORROW: the Judiciary Committee will hold over the nomination, so it can be reported to the floor next week. This is standard procedure under committee rules. Image
The Committee will also hear from a number of outside witnesses who will testify in support of / against Judge Barrett. They include 2 representatives of the American Bar Association and retired D.C. Circuit Judge Thomas Griffith.…
NEXT THURSDAY, 10/22: the Judiciary Committee will vote to report Judge Barrett's nomination to the floor. This will likely be along party lines (12-10), and depends on no Republican senators contracting COVID. Even if Dems boycott, GOP can hold the vote.
Read 5 tweets
14 Oct
Here's the statement the ABA will present to the Judiciary Committee tomorrow. ⬇️
One person on Judge Barrett:
“The myth is real. She is a staggering academic mind.” Image
More: “She is exactly who you think she is.” “Nothing about her is fake.” “She is good, decent, selfless and sincere.” “A casual observer might think that she sounds ‘too good’ to be real, but she is very genuine.” Image
Read 5 tweets
14 Oct
Might be worth asking why the 5th Circuit decided to release the opinion in this case yesterday without the dissent attached.
The district court had issued a permanent injunction against the Texas law. So it wouldn't have mattered whether the 5th Circuit affirmed last month or next month. The status quo wouldn't change either way.
But, the state had filed a motion to stay the injunction before the en banc court. My guess is the state was going to win that vote, and the panel decided to push out the opinion ASAP to moot the request.…
Read 5 tweets

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