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Friday, October 08, 2021

Less than 48 hours after a federal court enjoined S.B. 8, Texas has filed an emergency motion for a stay with the Fifth Circuit. Texas asked for an administrative stay "as soon as possible," and an emergency stay pending appeal by Tuesday.

Here is the summary of the argument:


Saturday, September 18, 2021

A Texas doctor has revealed that he recently performed an abortion in violation of the state's new controversial law that prohibits nearly all abortions after roughly six weeks into a pregnancy, arguing that he "had a duty of care to this patient." read more


Comments

He is trying to run out the clock ...

Of course, it's a time honored legal strategy.

But Judge ain't playin'. www.foxnews.com

D.C. Circuit up next. Two day timeline. Expect a few days administrative stay for briefing.

Actually, it is not.

Texas distinguishes between "Murder" and "Capital Murder. Only Capital Felonies are punishable by death.

The sentence for "Murder" depends on the degree i.e. whether it's a 1st, 2nd or 3rd degree felony. See Title 3, Chapter 12, Subchapter C.

"Once again, I dissent."

The required context:

These circumstances are exceptional. Women seeking abortion care in Texas are entitled to relief from this Court now. Because of the Court's failure to act today, that relief, if it comes, will be too late for many. Once again, I dissent. www.supremecourt.gov
Yes the circumstances are exceptional. Yes women in Texas are should be afforded relief and action.

Yet, neither Justice Sotomayor nor her fellow dissenter's in the other case a few weeks ago describe the relief or action the Court should take. Many trees killed and nothing about what to do.

That's the conundrum presented by this state statute. The slippery slope is the kicker.

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