I’ve now listened to this. Texas got an extremely positive bench - mostly “tell us why you win” questions. Appellees were under siege from the get go.
With all usual caveats about tea leaves, it seems clear to me the en banc CA5 will hold Texas’s SB8 is facially constitutional.
With all usual caveats about tea leaves, it seems clear to me the en banc CA5 will hold Texas’s SB8 is facially constitutional.
https://twitter.com/johnpcollinsjr2/status/1352282278794321921
Sb8, in most relevant part, bans what Texas would call dismemberment abortion, and what I think the other side would call dilation and evacuation procedures (without prior “fetal demise”)
To give a flavor of it, Judge Jones at one point asked Appellees’ counsel about abortions yielding body parts for sale, and explained that even in high school you kill the frog before taking it apart.
So again, don’t take an oral argument as gospel, but you will be seeing this case in a cert petition near you soon.
To be clear, no surprise Judge Jones takes those views, but really no a lot pushback from anyone - no one rescued counsel really. So…
*not a lot
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