Supreme Court to leave Fugitive Uterus Act in place until Roe is safely dead
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The Supreme Court is fast-tracking the legal challenges to the We Stasi Your Reproductive Freedom Act, but allowing it to remain in force:
#BREAKING: #SCOTUS agrees to hear *both* the providers’ *and* the federal government’s challenge to #SB8 on a SUPER-expedited basis (argument on November 1), but “defers” DOJ’s request to put #SB8 back on hold in the interim.— Steve Vladeck (@steve_vladeck) October 22, 2021
Justice Sotomayor:
As usual, to call these cynical games "legal formalism" would be far, far too charitable. Neither 5CA nor the Supreme Court have offered *any legal reasons at all* for staying the most recent District Court order, 131 pages of detailed and persuasive reasoning.— Scott Lemieux (@LemieuxLGM) October 22, 2021
One thing to look out for her is a laughably phony “Great Compromise” in which the Court upholds the Mississippi abortion ban and strikes down the Texas one. This of course would be no compromise at all, since once the Court overrules Roe or reduces it to nothing the Stasi law will have served its purpose and Texas can just do directly what it previous did with a bunch of Rube Goldberg bullshit. And yet the fake-naive Noah Feldman column defending the Court’s statesmanlike honor practically writes itself.
Meanwhile, in “The Supreme Court is not a bunch of partisan hacks” news:
Senate Minority Leader Mitch McConnell lauded Justice Clarence Thomas on Thursday night as a “legal titan” whose independence and courage are illustrated through his “jurisprudence on unborn life.”
The Supreme Court is currently being asked to overturn Roe v. Wade and its establishment of the constitutional right to abortion in cases from Mississippi and Texas. Thomas said early on in his tenure on the court that Roe was wrongly decided, and McConnell (R-Ky.) said Thomas has been steadfast whenever the issue has come before the court.
“Every time without fail, Justice Thomas writes a separate, concise opinion to cut through the 50-year tangle of made-up tests and shifting standards and calmly reminds everybody that the whole house of cards lacks a constitutional foundation,” McConnell said to applause at the Heritage Foundation.
Wait until Susan Collins finds out about this! Brows may have to be furrowed.