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BREAKINS - U.S. Supreme Court declines to block Texas abortion ban (5-4) (Roberts)
Reuters ^ | 09/01/2021 | Lawrence Hurley

Posted on 09/01/2021 9:23:12 PM PDT by Az Joe

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To: Az Joe
What are you talking about?

What you're talking about--I think.

61 posted on 09/02/2021 8:06:01 AM PDT by SamuraiScot
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To: SamuraiScot

Go ahead, if you want, and clarify. Otherwise....


62 posted on 09/02/2021 8:58:18 AM PDT by Az Joe (FREE CHAUVIN!)
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To: Az Joe
Go ahead, if you want, and clarify.

The Court declined to step in and declare Federal supremacy or anything like that, "because Roe vs. Wade." That leaves everything in force in Texas and puts the onus on the plaintiffs to go back to Square One several levels down and allege harm or a Constitutional issue or whatever.

If I were a bad guy and could get this situation "fixed," I would have made sure it was stopped at the outset. You let a legitimate act of state sovereignty like this stand, it grows roots and spreads elsewhere--Deo volente.

63 posted on 09/02/2021 9:14:23 AM PDT by SamuraiScot
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To: dangus

It’s a denial of preliminary relief. How does it “preserve Roe v. Wade’s precedent”?


64 posted on 09/02/2021 10:09:26 AM PDT by The Pack Knight
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To: Fury
The big problem with Roberts' dissent is his glossing over the extraordinary, unprecedented relief requested by the applicants. The applicants asked the Supreme Court to enjoin: (1) state judges from considering (and, apparently, state clerks from even accepting) lawsuits under state law before those lawsuits have even been filed or the causes of action have even accrued; and (2) potential plaintiffs from even filing such a lawsuit. That's quite a step beyond the injunctions against state officers allowed under Ex parte Young--it essentially strips a state judiciary from hearing cases based on their own laws, and imposes a prior restraint on a private citizen's right to petition.

It's ironic. If the doctors just litigated this case in state court, it probably would never make it to the US Supreme Court because most, if not all, civil suits under the statute should be dismissed for lack of standing under the Texas constitution, and the Texas Supreme Court will probably hold that at least a number of the statute's provisions violate the Texas constitution for reasons unrelated to Roe.

65 posted on 09/02/2021 10:47:56 AM PDT by The Pack Knight
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To: The Pack Knight

I took it back in the very next post. They didn’t decide NOT to consider it (which WOULD preserve Roe v Wade), but only to consider it later.


66 posted on 09/02/2021 11:28:38 AM PDT by dangus
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To: The Pack Knight

Re: thanks for a good analysis. It’s nice to read, instead of “Roberts is a pedo”, or “Roberts went to Epstein Island”, or “Roberts adopted his kids illegally” - which are mostly offered without facts or references or reasoning.


67 posted on 09/02/2021 11:52:08 AM PDT by Fury
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