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”)
In this vein, clinic argues that Roe is “embedded” in America’s “national culture” and (summoning Justice Ginsburg’s favored justification for abortion rights) is crucial for women’s equal participation in society.
Another key section of the brief: there is no obvious or plausible replacement for the viability line established in Casey (that no abortion prohibitions are constitutional prior to the fetus's ability to survive outside the womb)
More on viability...
The brief closes by highlighting the “chaos” and “upheaval” that would ensue if Roe were to be jettisoned, with the Texas abortion law as an example
And the closing lines set out the stakes: whether or not the Court explicitly overturns Roe/Casey, upholding Mississippi's 15-week ban will functionally bring an end to the constitutional right to abortion
The full brief is available here…
The "half-measures" would be fiddling with Roe/Casey to permit pre-viability bans w/o announcing those decisions dead.

Over the summer, @ProfMMurray and I predicted this may be what happens next spring.…

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More from @stevenmazie

12 Sep
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.
Read 5 tweets
9 Sep
What happens next with the federal government’s lawsuit against Texas’s uniquely draconian abortion law?

A wee 🧵.
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).
Read 5 tweets
9 Sep
Basic premise of DOJ's new lawsuit against the Texas abortion law: a state statute can't preempt a constitutional right. But there's more...…
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. Image
Here are the first four... ImageImageImageImage
Read 5 tweets
9 Sep
BREAKING: Supreme Court grants stay in Mr. Ramirez‘s Texas execution. He will not be put to death tonight. Image
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.
Read 7 tweets
2 Sep
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“
Read 10 tweets
1 Sep
Why SCOTUS radio silence about the abortion case?
I had been thinking it was the liberal justices writing a dissent from the denial of relief to the plaintiffs.
But now I think they wouldn’t want to leave everyone in limbo this long and would have rushed to get that dissent prepared overnight at the latest.
Read 4 tweets

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