After an agonizing wait, we have an agonizing decision. Five to four, the Supreme Court green lights Texas’s six week abortion ban—which flagrantly violates Roe v Wade—without so much as holding an argument. Roberts joins the liberals in dissent. supremecourt.gov/opinions/20pdf…
Majority decision: “The applicants now before us have raised serious questions re- garding the constitutionality of the Texas law at issue. But their application also presents complex and novel anteced- ent procedural questions on which they have not carried their burden.”
Aaargh!!!! I think this is hot nonsense.
The Supremacy Clause, the All Writs Act, and the Court’s cases construing it absolutely give it the power to “issue an injunction against state judges.”
The Supremacy Clause, the All Writs Act, and the Court’s cases construing it absolutely give it the power to “issue an injunction against state judges.”
In fact, I prewrote my argument on this exact point seven hours ago.
https://twitter.com/nycsouthpaw/status/1433168695761637376
Again from US v NY Telephone Company, 434 US 159 (1977) law.cornell.edu/supremecourt/t…
Sotomayor’s opening paragraph:
Kagan’s dissent says “this Court’s shadow-docket decision making [] every day becomes more unreasoned, inconsistent, and impossible to defend.”
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