Posted on 12/16/2021 10:31:31 AM PST by Oldeconomybuyer
WASHINGTON (AP) — The Supreme Court has formally returned a lawsuit over Texas’ six-week abortion ban to a federal appeals court that has twice allowed the law to stay in effect, rather than to a district judge who sought to block it.
Justice Neil Gorsuch on Thursday signed the court’s order that granted the request of abortion clinics for the court to act speedily. But the clinics wanted the case sent directly to U.S. Judge Robert Pitman, who had previously though briefly blocked enforcement of the Texas abortion ban known as S.B. 8.
When Pitman ordered the law blocked in early October, the appeals court countermanded his order two days later.
Texas has said it will seek to keep the case bottled up at the appeals court for the foreseeable future.
Gorsuch wrote that “it appears” the licensing officials can be sued. “Of course, Texas courts and not this one are the final arbiters of the meaning of state statutory directions,” he wrote.
The state told the justices it plans to ask the appeals court to, in turn, seek a definitive ruling from the Texas Supreme Court over the role the licensing officials play in enforcing the abortion ban.
The appeals court would decide whether to involve the state high court, which would put the case on hold.
(Excerpt) Read more at apnews.com ...
Good news.
A win for unborn humans.
... a small win for states rights.
... a small win for states rights.
No, I don’t think it’s a win. I think it’s the Supreme Court finally realizing what a HUGE mistake it was to legislate from the bench. Not really about affirming states rights as it is a realization that the Court intervention looks more and more like a enormous mistake. Politicization of the SCOTUS to outrageous levels as a result of legislation from the bench, has thrust events optical events like what happened with the last two Confirmations. It’s not about the law, or the Constitution, it’s become a circus over abortion.
In this particular case it is a win. Otherwise I agree with you. The Constitution couldn’t be more clear about things like this.
Yep. Totally gutless. They make a unconstitutional law and then are too spineless to repeal thier mistake. They shouldn’t be final arbiter of jack crap!
Gorsuch wrote that “it appears” the licensing officials can be sued. “Of course, Texas courts and not this one are the final arbiters of the meaning of state statutory directions,” he wrote.
Don’t tell me Gorsuch is an Article X judge. That’s just unheard of these days.
If you see a five dollar bill on the floor of his courtroom, don't pick it up...
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