TX Anti-Abortion Law

[Slim Cognito]

I don't suppose there's a snowball's chance in Hell the Fifth will do the right thing, is there?

[AndyinPA]

Who didn't see this coming?

[Sam the Centipede]

Based on news reports (I haven't read the ruling) the judge's reasoning seems to be "you tried to make this laws difficult to challenge in court with its bizarre construction — no, no, no, you're not scoring on that trick play."

The state's argument for staying the injunction could be amusing: as they constructed the law to say "nothing to do with us, let others enforce it", how can they have have standing? Anyway, the misogynists suffer no damage while their appalling law is enjoined.

[RTH10260]

Most Abortions in Texas Are Banned Again After Court Ruling
A federal appeals court panel temporarily reinstated the law that bans most abortions after six weeks of pregnancy while it considers a district judge’s ruling.

By J. David Goodman
Oct. 8, 2021 Updated 11:31 p.m. ET

HOUSTON — A federal appeals court panel reinstated Texas’ restrictive abortion law late Friday, temporarily restoring a ban on virtually all procedures that had been blocked by a lower court two days earlier in a case brought by the Biden administration.

The decision by three judges on the U.S. Court of Appeals for the Fifth Circuit, in a terse two-page ruling granting a stay as it considers an appeal by the state of Texas, had been expected by many abortion providers. While at least six clinics in Texas had begun conducting abortions beyond the limits of the new law this week, most of the state’s roughly two dozen providers had opted not to take that step as the case moved through the courts.

“Tonight the Fifth Circuit has granted an administrative stay in the #SB8 case,” the Texas attorney general, Ken Paxton, wrote on Twitter on Friday night. “I will continue to fight to keep #Texas free from federal overreach.”

The law, which bans abortions after fetal cardiac activity is detected, at about six weeks of pregnancy, has altered the landscape for abortions in the nation’s second-most-populous state because of its unique structure, which bars state officials from enforcing its provisions, leaving that instead to private citizens.

The Biden administration sued to halt the law, and on Wednesday, a U.S. District Court judge in Austin, Robert L. Pitman, granted the Justice Department’s request to halt its enforcement. In his 113-page opinion, he wrote that because of the law, “women have been unlawfully prevented from exercising control over their own lives in ways that are protected by the Constitution.”

In its brief ruling on Friday, the appeals court panel, made up of Judges Carl E. Stewart, Catharina Haynes and James C. Ho, called on lawyers for the Biden administration to respond to Texas’ appeal by Tuesday.



https://www.nytimes.com/2021/10/08/us/t ... n-ban.html

[AndyinPA]

I bet there wasn't a 100+ page opinion on this court's anti-injunction.

[raison de arizona]

I bet there wasn't a 100+ page opinion on this court's anti-injunction.

”a terse two-page ruling”



The order in full:

IT IS ORDERED that Appellant’s emergency motion to stay the preliminary injunction pending appeal is temporarily held in abeyance pending further order by this motions panel. Appellee is directed to respond to the emergency motion by 5 pm on Tuesday, October 12, 2021.
IT IS ORDERED that Appellant’s alternative motion for a temporary administrative stay pending the court’s consideration of the emergency motion is GRANTED.

[Atticus Finch]

I still believe that whole 5th Circuit should be moved to Kabul and renamed as the Supreme Court of Afghanistan.

[Dave from down under]

https://www.abc.net.au/news/2021-10-12/ ... /100524398

Bulletproof glass and 24-hour surveillance: The life of an American abortion doctor
7.30 /
By North American correspondent Kathryn Diss and Cameron Schwarz in Colorado

Warren Hern doesn’t live like any ordinary doctor. He keeps the location of his Colorado home secret. He sleeps with a rifle beside his bed. He wears a bulletproof vest if speaking publicly, and works behind bulletproof glass.

Every square inch of his surgery, which is protected by large security fences, is monitored with surveillance cameras 24 hours a day.

It’s not the usual lifestyle for a doctor, but performing abortions in America makes him a target of violent extremism.

Despite living in the liberal state of Colorado, for the past 48 years, he’s received death threats from anti-abortion activists.

In 1988, five bullets were fired into his clinic’s front window. One almost hit his colleague.

“They’ve assassinated five of my medical colleagues, one of whom was one of my best friends," Dr Hern told 7.30.



lots more at the link

[Greatgrey]

You cain’t sue us, you ain’t got a vajayjay so ya doesn’t haz standing!


https://www.supremecourt.gov/DocketPDF/ ... sition.pdf

[John Thomas8]

I still believe that whole 5th Circuit should be moved to Kabul and renamed as the Supreme Court of Afghanistan.

Or moved to Gitmo and given the Shrub Treatment*.

* - a long time ago, when the morally bankrupt bush was prezinut and ordering waterboarding, I was vehemently vocal about how bad the US was behaving. I got stuck meeting shrub, it was a worse event than the time I got shot.

[Volkonski]

[Slim Cognito]

which means we know nothing until when? Next summer?

[bob]

which means we know nothing until when? Next summer?

Basically, yes. Unless someone else can convince a 5th Cir. panel and/or a majority of SCOTUS justices to grant/maintain an injunction.

[neeneko]

which means we know nothing until when? Next summer?

It is almost like SCOTUS is daring Biden try to reform or reorganize the court.

[AndyinPA]

Just posted earlier today about the lack of trust in the Supreme Court today. I wonder why.

https://thefogbow.com/forum/viewtopic.php?t=588

[Slim Cognito]

This is the first I've seen of this fellow (@masondenverr) but I hope it won't be the last.

[bob]

Live tweet of SCOTUS arguments on SB8:

[Tiredretiredlawyer]

https://www.axios.com/texas-abortion-bi ... 1906e.html

HHS issues new protections for Texas abortion providers, patients Sep 17, 2021 - Health

The new initiatives include: $10 million awarded to Every Body Texas, an organization that administers Title X funds to Texas providers, to "respond to the anticipated increase in clients’ needs for emergency contraception and family planning services."

Up to $10 million awarded in grants to any Title X services eligible applicant across the U.S. The funding is meant to expand access to emergency contraception and family planning services, and boost coverage for the expected influx of clients due to the Texas law.

Protections that bar recipients of federal public health funding from "discriminating in the employment, promotion or termination of employment of any physician or other health care personnel because the individual performed or assisted in the performance of an abortion."

Individuals who believe they may have been discriminated against in this capacity can file complaints to the HHS Office of Civil Rights.

Bolstered enforcement of medical providers' legal obligations to pregnant patients, which require appropriate medical screening, treatment and transfer if necessary, irrespective of state law.

"A physician’s professional and legal duty to provide medical treatment ... preempts any directly conflicting state law or mandate that might seek to prevent such treatment," the agency said.

[Uninformed]

“US Supreme Court says Texas abortion clinics can sue over law”:
https://www.bbc.co.uk/news/world-us-canada-59381081

[filly]

“US Supreme Court says Texas abortion clinics can sue over law”:
https://www.bbc.co.uk/news/world-us-canada-59381081

Yeah, BFD. "Hey clinics, you can sue but we will be waiting to crush you with the ruling on the Mississippi case."

[AndyinPA]

[AndyinPA]

https://www.nbcnews.com/politics/politi ... n-n1285747

WASHINGTON — The chief justice of the United States, John Roberts, warned Friday that the Supreme Court risks losing its own authority if it allows states to circumvent the courts as Texas did with its near-total abortion ban.

In a strongly worded opinion joined by the high court’s three liberal justices, Roberts wrote that the "clear purpose and actual effect" of the Texas law was "to nullify this Court’s rulings." That, he said, undermines the Constitution and the fundamental role of the Supreme Court and the court system as a whole.

The opinion was a remarkable plea by the chief justice to his colleagues on the court to resist the efforts by right-wing lawmakers to get around court decisions they dislike, in this case Roe v. Wade, the 1973 decision that made abortion legal in the United States, within limits. But in this case, his urgent request was largely ignored by the other justices on the court who were appointed by Republicans.

His point to them was that the court system should decide what the law is, and it should resist efforts like that of the Texas Legislature to get around the courts by limiting the ability of abortion providers to sue.

I don't think he has much control of the court anymore.

[neonzx]

Holy crap... what is next is this saga?

[raison de arizona]

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[Kriselda Gray]

Love it!