The 5th Circuit has tipped its hand (you don’t stay a lower court ruling you intend to agree with). I read an article praising the judge’s opinion in support of its ruling. The praise was in how hard it would be to disagree with that reasoning.I wish I could say this was surprising, but …
— Steve Vladeck (@steve_vladeck) October 9, 2021
The interesting question now is whether the federal government goes directly to #SCOTUS to lift the (temporary) administrative stay or waits for the panel to rule on a stay pending appeal.
My money is on the former. https://t.co/8B5LJpBpE0
Never say never.
Next question: will the Supremes look at this now? Or find another procedural reason to simultaneously punt and approve the new status quo by inaction. The cleanest way to get what you want while denying responsibility.
Ain’t it the way of the world?
I believe the Supreme Court will kick this past the mid-terms for entirely political reasons, hoping to delay their eventual overturning of Roe for after they hope Republicans retake the Senate and or House while giving the anti-choice crowd what they want. The Rehnquist and Roberts courts are the most political since at least the early 1930s. I would look for the politics of everything it does.
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