Texas SB8 is a good example. Roe is still the law and SB8 should have been
enjoined by the Court. They have had opportunities to do so but instead have sent it back down for review. The problem now is that the plaintiffs have a hard time figuring out who to sue because it is a vigilante law. (Forget Roe for a moment; this type of law is very dangerous!) The lower courts, 5th circuit in this case, apparently were open to bringing suit against the licensers of clinics, but even that they are referring to the Texas Supreme Court. Why? Delaying tactics obviously. They are justifying it by saying that the SCOTUS is likely to overturn Roe. WTF? Are the courts now making decisions about established rights based on possible FUTURE Supreme Court decisions?
Add to this the recent vax mandate ruling where "textualists" like Gorsuch essentially read into OSHA laws something that isn't there at all, only to justify their view of what should or should not happen from a policy perspective.
It's fucking chaos. Balls and strikes, my ass.
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In response to this post by Shenhoo)
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Posted: 01/24/2022 at 12:16PM