In DOJ’s challenge to Texas’ anti-abortion law, The judge has just temporarily enjoined the law which means that, at least until the defendants can get on appeal to the 5th Circuit, the law and its ban on abortion after 6 weeks are no longer in force. justsecurity.org/wp-content/upl…
The law has a confusing provision that purports to provide 4 years from the time a person has an abortion for vigilantes to file suit & to apply to procedures while the law is temporarily enjoined. That provision seems questionable, but that's SB8 in a nutshell.
Tx has appealed to the 5th Circuit, noting the case is "related to" Whole Women's Health, the earlier challenge to SB8 where the 5th stripped Judge Pitman's ability to consider the request for an injunction & setting up the SCOTUS ruling that let SB8 go into effect
In its shadow docket ruling, SCOTUS says "this order is not based on any conclusion about the constitutionality of Tx’s law & in no way limits other procedurally proper challenges." Judge Pitman held DOJ's challenge is procedurally proper. Now we see what the 5th & SCOTUS say.
Judge Pitman recognizes, unlike other courts, that Tx deliberately circumvents judicial review: Tx "draft[ed] the law..to preclude a review of the constitutionality of the statute by federal courts who have responsibility to safeguard the very rights the statute likely violates"
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