BREAKING: SUPREME COURT GREEN-LIGHTS TEXAS ABORTION LAW
The vote is 5-4, with Chief Justice Roberts joining the three liberals in dissent
Majority says “application presents complex and novel antecedent procedural questions on which [plaintiffs] have not carried their burden“
CJ Roberts writes a dissent, joined by Breyer and Kagan: "the statutory scheme before the Court is not only unusual, but unprecedented."
Roberts adds that he would "preserve the status quo ante" and that "the question [of the law's constitutionality could be decided after
full briefing and oral argument."
Breyer's dissent, joined by Kagan and Sotomayor, say "imminent and serious harm" faces pregnant people in Texas as a result of the majority's order.
Sotomayor writes a third dissent and is most pointed. The order is "stunning" and green-lights a "flagrantly unconstitutional law". The majority has "buried their heads in the sand."
Here is how Sotomayor's dissent wraps up. Read this.
And Justice Kagan pens a fourth dissent, just as angry as Sotomayor's. She highlights the deficiencies of resolving such key questions in a rushed manner on the shadow docket.
The full ending of Kagan's dissent.
Somehow, she musters a "respectfully" in the final line.
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NEW: Mississippi clinic has just filed its response brief in Dobbs v. Jackson Women's Health Org, the abortion case coming to SCOTUS this fall.
Clinic begins by urging the Court to dismiss the case due to the state’s possibly-not-kosher bait-and-switch: it pivoted to a frontal attack on Roe/Casey in the merits briefing after cert was granted
Brief then argues that overruling Roe/Casey would undermine the principle of stare decisis—the idea that the Supreme Court should stand by old precedents (“let the decision stand”)
Right now in Brooklyn: @SenSchumer appears at rally to address the climate crisis organized by Dayenu, a Jewish climate activist organization @JoinDayenu
Speaking now, he’s touting legislation that will expand subsidies for wind & solar energy and end subsidies for coal and oil.
Advocates for $30bn civilian climate corps, regenerative farming, $80bn for public housing to green-ify those buildings.
The district court could issue an injunction in very short order.
If it does, TX will immediately appeal to the 5th circuit court of appeals — the court that oddly stopped district-court proceedings in the Planned Parenthood case that then went to SCOTUS, where it had no luck.
Whatever the 5th circuit does with TX’s stay request on the (potential) injunction, the losing party is quite certain to again go to SCOTUS (TX to block it, DOJ to reinstate it).
The lawsuit details six agencies/programs of the federal government whose operations are being frustrated by the Texas law. All involve the feds facilitating or providing abortion care to various people.
The Court also grants certiorari, which means it will fully consider Ramirez's plea in an argued case in the term beginning next month.
On the shadow docket, the Court has handled at least three previous last-minute pleas for death-penalty stays based on the presence of clergy in the execution chamber.
Now the justices transfer the issue to their regular docket for full consideration.