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r/supremecourt
19
Posted by
Chief Mod of r/supremecourt
9 months ago

The Supreme Court, over dissents from the three liberal justices, rejects a request from Texas abortion clinics to immediately return the litigation over Texas' six-week abortion law to a federal district court.

8 comments
95% Upvoted
level 1
· 8 mo. ago
Justice Breyer

This was always going to happen. I think there are two things that need pointing out here.

First, the court, and particularly the 4 justices who actually seem to really dislike SB8, did a poor job of outlining what relief would look like. I think it would have been hard to get 5 justices to sign on to an opinion that contained any dicta speculating how the lower courts should proceed to quash SB8 as quickly as possible. However, at minimum, one of the 4 justices who really were dissenting ought to have written a concurrence explaining the best way for the district court to enter quick relief. That would have at least put pressure on the 5th circuit to act. Perhaps those 4 justices knew that there was simply no way any meaningful relief could be provided against the state licensing officials?

The other frustration is the classic lack of SCOTUS transparency. I thought the court had started to do a better job of acting transparently and clearly on the shadow docket, and also trying to minimise the use of it with decisions like oral argument for the OSHA cases and cert before judgment in SB8. But this shows the worst of the shadow docket all over again - an unexplained 1 sentence order leaving the public (and the dissent) baffled as to why mandamus has not been granted. It's a bit like late 2020 all over again with the court lifting numerous stays without explanation during Trump's late-term execution spree. I thought the court would have learned, particularly in such an important and high-profile case.

3
level 1
· 9 mo. ago

lazy questions: what questions are being certified?

what is the flavor of the texas sc? mini-abbots, or sound thinkers?

what is the status of that state case that enjoined the statute, did i imagine that?

1
level 1
· 9 mo. ago
Justice Thurgood Marshall

Interesting procedural problem, but honestly I don't get the big complaint. The Court of Appeals has the right to certify questions as they see fit, and for plaintiffs who have constantly tried to get appellate action it's a bit rich that they're now arguing it's unjust to not remand immediately to the district court.

11
level 2

Can you explain what would/could happen if the Texas Supreme Court finds that SB8 can actually not be enforced by the state licensing officials? Would the Court of Appeals be able to find that the suit can not proceed after all? Or would they still be bound to the SC decision that the suit can go forward?

1
level 2
· 9 mo. ago
Justice Breyer

I have my own naive perceptions regarding the majority's assertions, disingenuous being one of them.

I'd dearly love to gain a clearer understanding of the details you're referencing.

-4

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