By a 2–1 vote, the 5th Circuit says it will hear oral arguments in January to decide whether the Texas Supreme Court should get to interpret S.B. 8, the abortion ban enforced by bounty hunters.
In dissent, Higginson calls S.B. 8 “this mutinous law.”
s3.documentcloud.org/documents/2117…
In dissent, Higginson calls S.B. 8 “this mutinous law.”
s3.documentcloud.org/documents/2117…
The 5th Circuit is likely dragging its feet to keep abortion outlawed in Texas until SCOTUS overturns Roe v. Wade in June. At that point, Texas can simply ban abortion outright rather than rely on vigilantes. Gorsuch teed up this dilatory tactic perfectly in his S.B. 8 opinion.
The 5th Circuit is using every tool at its disposal to drag out proceedings until Roe is overturned. It’s so brazen!
https://twitter.com/RMFifthCircuit/status/1475541641465319434
In August, the 5th Circuit stopped Judge Pitman from blocking S.B. 8 just before it took effect.
Now it has taken the unusual step of scheduling oral arguments to decide whether to loop in the Texas Supreme Court. The goal is the same: Prevent Pitman from blocking S.B. 8.
Now it has taken the unusual step of scheduling oral arguments to decide whether to loop in the Texas Supreme Court. The goal is the same: Prevent Pitman from blocking S.B. 8.
https://twitter.com/rmfifthcircuit/status/1475552107637968896
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