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Texas Effectively Bans Abortions

 
 
InfraBlue
 
  1  
Reply Thu 28 Oct, 2021 02:56 pm
So, the USSC hastened their hearing on Texas' abortion law.

Texas, Justice Dept. argue over role of federal courts as abortion law dispute heads to Supreme Court

"The cases the court will hear Monday raise complicated legal procedure questions precisely because S.B. 8 was drafted to avoid federal court review."

WHOLE WOMAN’S HEALTH ET AL. v. AUSTIN REEVE JACKSON, JUDGE, ET AL.
Quote:
To prevail in an application for a stay or an injunc-
tion, an applicant must carry the burden of making a
“strong showing” that it is “likely to succeed on the merits,”
that it will be “irreparably injured absent a stay,” that the
balance of the equities favors it, and that a stay is con-
sistent with the public interest.


The Court wouldn't rule as to whether this law is constitutional or not when it was first challenged, raising procedural questions as if procedures can override the constitutionality of a law that has de facto banned abortions (read: irreparably injured absent a stay) in Texas.

Ironically, this is an example of judicial activism that conservatives decry—when it doesn't serve their ends.
engineer
 
  1  
Reply Thu 28 Oct, 2021 03:59 pm
@InfraBlue,
I think by not staying the law until it could hear it, the SC has pretty much signaled that they will uphold it. No way a law that has immediate, negative impacts would be allowed to go into effect otherwise.
0 Replies
 
 

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