By a 2–1 vote, the 5th Circuit certifies a question of state law to the Texas Supreme Court in the S.B. 8 case, keeping abortion clinics shuttered.
It seems increasingly likely that the lower courts will run down the clock until SCOTUS overturns Roe. documentcloud.org/documents/2118…
It seems increasingly likely that the lower courts will run down the clock until SCOTUS overturns Roe. documentcloud.org/documents/2118…
The Supreme Court held that the federal lawsuit against S.B. 8 could proceed against "Texas licensing officials" who ostensibly enforce abortion restrictions.
Now the 5th Circuit has asked the Texas Supreme Court to decide whether SCOTUS was correct as a matter of state law.
Now the 5th Circuit has asked the Texas Supreme Court to decide whether SCOTUS was correct as a matter of state law.
In dissent, Judge Higginson accuses the 5th Circuit of "impeding relief ordered by the Supreme Court."
He quotes J. Skelly Wright’s observation that in the 1950s, segregationist judges contravened the Supreme Court's civil rights decisions through "delays" and "subterfuge."
He quotes J. Skelly Wright’s observation that in the 1950s, segregationist judges contravened the Supreme Court's civil rights decisions through "delays" and "subterfuge."
Anyway, the panel's Republican majority is optimistic that the Supreme Court will soon overrule Roe v. Wade and is attempting to run down the clock on this litigation, since Texas' "trigger law" will automatically ban abortion once that happens.
https://twitter.com/AliceOllstein/status/1483222527841386501?s=20
It is pretty wild that eight justices of the Supreme Court ruled that the federal lawsuit against S.B. 8 could move forward—and the 5th Circuit just said "nah, we don't think so." Higginson's analogy to segregationist judges who defied SCOTUS in the 1950s is spot on.
Whole Woman's Health previously filed a mandamus petition asking the Supreme Court to force the 5th Circuit to send the case back down to the district court so it could provide relief. That petition remains pending before SCOTUS. documentcloud.org/documents/2118…
Finally, an administrative item: Please snitch-tag anyone who tweeted about tonight's 5th Circuit order without linking to the decision so I can scream at them.
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