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Supreme Court returns Texas abortion case to appeals court
The Associated Press ^ | December 16, 2021 | By MARK SHERMAN

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 ...


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events; US: Texas
KEYWORDS: 5thcircuit; abortion; clownbammyjudge; dncstooge; fifthcircuit; foodgepacker; obamajoodge; obamajudge; obamastooge; odiousbamajudge; robertlpitman; robertpitman; scotus; texas; voicevote; wdtexas

1 posted on 12/16/2021 10:31:31 AM PST by Oldeconomybuyer
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To: Oldeconomybuyer

Good news.


2 posted on 12/16/2021 10:36:42 AM PST by jdsteel ("A Republic, Madam, if you can keep it." Sorry Ben, looks like we blew it.)
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To: Oldeconomybuyer

A win for unborn humans.


3 posted on 12/16/2021 10:48:34 AM PST by viewfromthefrontier
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To: Oldeconomybuyer

... a small win for states rights.


4 posted on 12/16/2021 10:52:33 AM PST by ByteMercenary (Slo-Joe and KamalHo are not my leaders.)
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To: ByteMercenary

... 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.


5 posted on 12/16/2021 11:13:47 AM PST by Pete Dovgan
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To: Pete Dovgan

In this particular case it is a win. Otherwise I agree with you. The Constitution couldn’t be more clear about things like this.


6 posted on 12/16/2021 11:21:08 AM PST by billyboy15
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To: Pete Dovgan

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!


7 posted on 12/16/2021 11:35:48 AM PST by The MAGA-Deplorian (Democrats are lawless because Republicans are ball-less!)
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To: Oldeconomybuyer

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.


8 posted on 12/16/2021 2:44:09 PM PST by ro_dreaming ("We seem to have gone from 'We the people' to 'Me, the president' in a scant 8 months." - Me)
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To: Oldeconomybuyer
Obama stooge Robert Pitman, Western District of Texas.

If you see a five dollar bill on the floor of his courtroom, don't pick it up...

9 posted on 12/16/2021 3:13:13 PM PST by kiryandil (China Joe and Paycheck Hunter - the Chink in America's defenses)
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