“Good Times Are Comin’…”

The former (simple remand) would be the normal move, but it (1) would leave #SB8 in effect for some period of time; and (2) opens the door to the possibility that the Fifth Circuit stays any injunction issued by Judge Pitman, which would then just bring us right back to #SCOTUS.

— Steve Vladeck (@steve_vladeck) November 1, 2021

...but they’re sure comin’ slow.”

Don’t pay attention to what the Justices said in oral argument.

Pay attention to what they do in the decision. There are many options.

It seems like she's floating a deal where the Court would allow the providers' suit to go forward (at least against the *clerks*) in exchange for either rejecting the federal government's appeal or dismissing the petition in that case as improvidently granted.

— Steve Vladeck (@steve_vladeck) November 1, 2021

(In English: The Court might hold that (1) the providers should be allowed to challenge #SB8 by suing all of the court clerks in Texas; and (2) that holding obviates the need to decide whether the providers can sue anyone else, or whether the federal government can sue "Texas.")

— Steve Vladeck (@steve_vladeck) November 1, 2021

The questioning of Solicitor General Prelogar by Justice Barrett about what would be left of the United States' claims if #SCOTUS sides with the providers seems ... consistent with this prediction. https://t.co/JDE4ACJ05u

— Steve Vladeck (@steve_vladeck) November 1, 2021

Never rely on what the reporters say what happened, they understand f*ck-all of what happens in a courtroom (with the exception of Nina Totenberg, who seldom, if ever, trades in predictions).

There is a profound issue of standing here which the Court should wrestle to the ground and thrash within an inch of its life. Professor Vladeck is offering that they might duck that. I’m saying they shouldn’t. The question of abortion is one important issue in this case. The question of standing (and I don’t mean just of the DOJ to sue to block this law) is the other. Both, IMHLO, are of equal gravity and not just because of the 2nd Amendment.