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SCOTUS: Texas abortion law continues, but providers can sue some of the defendants


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https://www.supremecourt.gov/opinions/21pdf/21-463_3ebh.pdf

 

https://www.supremecourt.gov/opinions/21pdf/21-588_c07d.pdf

 

Breaking news, so more analysis forthcoming

 

The main crux a few pages in:

 

JUSTICE GORSUCH delivered the opinion of the Court, except as to Part II–C. The Court granted certiorari before judgment in this case to determine whether, under our precedents, certain abortion providers can pursue a pre-enforcement challenge to a recently enacted Texas statute. We conclude that such an action is permissible against some of the named defendants but not others.

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Thanks for redoing the thread title. Because I was going to ask what the legalese meant in real human terms of abortion being legal or illegal. 

 

It's times like these (legal rulings and dumbass lawyer speak) that I well and truly rely on Twitter reactions to tell me what to think. 

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Just now, CayceG said:

Thanks for redoing the thread title. Because I was going to ask what the legalese meant in real human terms of abortion being legal or illegal. 

 

It's times like these (legal rulings and dumbass lawyer speak) that I well and truly rely on Twitter reactions to tell me what to think. 

 

No problem.

 

 

 

Thomas concurs and dissents with parts of the decision. From SCOTUSBlog:

 

"Justice Thomas concurs in part and dissents in part: He would send the case back with instructions to be dismissed entirely. He would also hold that the providers lack a legal right to sue."

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Just now, GeneticBlueprint said:

I'm confused. I thought that providers were the defendants in these cases?


No, the providers were suing in advance of being sued under the new law. The court found that they could sue certain executive level people in the government, but not alll of the named defendants.

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13 minutes ago, SaysWho? said:

 

No problem.

 

 

 

Thomas concurs and dissents with parts of the decision. From SCOTUSBlog:

 

"Justice Thomas concurs in part and dissents in part: He would send the case back with instructions to be dismissed entirely. He would also hold that the providers lack a legal right to sue."

justice thomas continues to set the bar for absolute bat shit insanity. i guess you'd have to in order to be married to Ginni!

  • True 1
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The short explanation of the ruling today is that the court dismissed lawsuits by abortion providers against a bunch of state officials, with the exception of those state officials at the Texas Medical Board who *could* dole out punishment to the providers due to their licensing authority. All of the other defendants had no ability to harm the providers under the statute, which is why they were dismissed from the suit.

 

The likely outcome is a special legislative session is called where they bar the medical board from punitive action based on the law, which wasn’t ever intended.

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3 minutes ago, sblfilms said:

The short explanation of the ruling today is that the court dismissed lawsuits by abortion providers against a bunch of state officials, with the exception of those state officials at the Texas Medical Board who *could* dole out punishment to the providers due to their licensing authority. All of the other defendants had no ability to harm the providers under the statute, which is why they were dismissed from the suit.

 

The likely outcome is a special legislative session is called where they bar the medical board from punitive action based on the law, which wasn’t ever intended.

 

And then it stays as is? 

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