Interesting that neither Breyer nor Kagan signed on to Sotomayor's partial dissent.
Could be a sign the Court is inclined to find Texas's law unconstitutional and all the justices know that's how it's going to come out.
Could be a sign the Court is inclined to find Texas's law unconstitutional and all the justices know that's how it's going to come out.
https://twitter.com/stevenmazie/status/1451588315015172103
The tick-tock suggests this is playing out according to a plan sketched a while ago by the Court.
Unlikely Sotomayor would have had the time to write unless she knew *before* the briefs came in that the Court would take cert before judgment & decline to reimpose injunction.
Unlikely Sotomayor would have had the time to write unless she knew *before* the briefs came in that the Court would take cert before judgment & decline to reimpose injunction.
I should have written, as @JimOleske observed: "...a sign the Court is inclined to lift the appeals court's stay on the district court's injunction against SB 8."
But if the Court sides with the abortion clinics in WWH v. Jackson, it will be implicitly *granting* that the law "prohibits the exercise of a constitutional right". So it's six and one-half-dozen the other. 
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