Now: The 5th Circuit has issued a new order in the SB 8 case brought by abortion providers, and the short version is that it leaves the law in place for now.
This order does a few things:
- First, the 5th Circuit says the state defs (state judges, clerks, medical licensing officials, AG Paxton) win in arguing immunity — they don't enforce SB 8, so they can't be enjoined from doing anything, so they're not proper parties
- Next, there's the matter of antiabortion activist Mark Lee Dickson. Dickson can't claim immunity, and the district judge rejected his other args for dismissal. 5th Circuit says it'll hear his appeal of all that on an expedited basis, and keep the district court case on hold
The 5th Circuit notes that anyone who is sued can raise a constitutional challenge as a defense, but the order does not address the immediate harm argument raised by providers, which is that the law has had the effect of stopping abortions in Texas altogether
"...we cannot allow proceedings to go forward while our court considers whether the federal judiciary has any power to entertain this novel lawsuit"
SB 8's structure was designed to avoid the kind of swift injunction other abortion bans have faced, and that's what's happened
Final thing to note for now about this 5th Circuit order is that it concludes by saying the case will be assigned to the "next available" panel for argument. That means the judges who entered orders to date may not hear the next phase (but the 5th is conservative, generally)
• • •
Missing some Tweet in this thread? You can try to
force a refresh
Hello from the DC federal courthouse, where Rudy Giuliani is waiting to get through security as jury selection is set to begin this a.m. to determine how much in damages he'll owe two Georgia election workers who sued him for defamation. Stay tuned.
And jury selection is just getting underway in Rudy Giuliani's damages trial -- Judge Beryl Howell, who was not amused that Giuliani was not in the courtroom at 9am when they were supposed to begin, is presiding
After a few hiccups related to the list of prospective jurors, *now* voir dire is officially underway in the defamation damages trial against Rudy Giuliani
BREAKING: A Colorado judge has ruled that Donald Trump can appear on 2024 ballots - she found that he *did* engage in insurrection by inciting the Jan. 6 attack, *but* that the Constitutional prohibition does not apply to the presidency. More to come. assets.bwbx.io/documents/user…
NEW: A Colorado judge found Donald Trump engaged in insurrection by inciting the Jan. 6 attack.
But she held the Constitution's insurrectionist ban didn't apply to a president/the presidency, meaning he'll appear on 2024 ballots.
Lawyers for the Colorado voters who brought the insurrection disqualification case against Trump say they'll appeal to the Colorado Supreme Court. Whoever loses there can petition SCOTUS to intervene bloomberg.com/news/articles/…
Today at 10am: Prosecutors will make their case before a DC federal judge for a partial gag order restricting what Donald Trump can say about the election obstruction case against him.
On how as long as Donald Trump is facing criminal charges and civil claims in court, what he says and does in the outside world can have consequences in a courtroom: bloomberg.com/news/articles/…
Chutkan begins by swiftly resolving an issue raised by the govt over how to handle a future defense survey of the potential jury pool in DC. Judge is okay with defense agreement to give advance notice, timing, sample size, doesn't see need to micromanage further at this point
Justice Clarence Thomas's 2022 financial disclosure is in, noting three trips w/ expenses paid for by Harlan Crow:
Thomas notes 2014 sale of properties to Crow (1st reported by ProPublica), saying he "inadvertently" didn't realize that should be reported assets.bwbx.io/documents/user…
Justice Samuel Alito's 2022 disclosure is also out now:
No travel reported paid for by individuals, no note re: ProPublica reporting on earlier luxury trip reimbursed by GOP donor Paul Singer (Alito has publicly defended this/denounced the reporting)assets.bwbx.io/documents/user…
Justice Clarence Thomas:
- reported three 2022 trips w/ expenses paid for by Harlan Crow
- said he "inadvertently" didn't realize he had to report 2014 property sales to Crow
- defended not reporting earlier "personal hospitality," private plane trips bloomberg.com/news/articles/…
Hello on this humid late August a.m. from the DC federal courthouse, where Judge Tanya Chutkan will hear arguments and is expected to set a trial date in Trump's 2020 election obstruction case. Special counsel wants to start Jan. 2. Trump wants April 2026: bloomberg.com/news/articles/…
Judge Chutkan is on the bench and starts by saying that *neither* trial date proposal is "acceptable" -- DOJ wants Jan. 2, Trump wants April 2026.
Says trial sched can't depend on a defendant's personal and professional obligations, so Trump will have to make a date work
Chutkan says she is taking into account Trump's other cases and trial schedules, but explains why other arguments for a 2026 trial date don't fly -- SCOTUS has said time of investigation doesn't mean defense gets same time for prep, comparisons to other J6 cases aren't on point
Hello on this not-too-hot August morning from the DC federal courthouse, where Donald Trump is expected to appear for a 4pm arraignment. It is obviously many hours until 4pm but here we are! A few streets are closed so far, barricades still going up, much heavier police presence https://t.co/UxzL1blKgWtwitter.com/i/web/status/1…
The most popular employee at the E. Barrett Prettyman Federal Courthouse continues to be Legend the bomb-sniffing dog, hard at work. I can't take photos inside so you'll have to take my word that she's also adorable. A Very Good Dog.