« Dean Search: Loyola University Chicago School of Law | Main | SB8 and New York Times v. Sullivan »

Wednesday, September 01, 2021

Nomenclature

SB8 took effect at midnight. Neither SCOTUS nor the Fifth Circuit has moved on various motions to enjoin enforcement pending litigation, therefore the law is enforceable by everyone against everyone (except for the limited state TRO protecting three individuals from enforcement by an entity and two individuals). But the courts' failure to act is not why the law took effect. Had either court acted, the law would have "taken effect." But it would not be enforceable by some persons against some persons (although it may be enforceable by other persons against other persons) as a result of a court order.

Posted by Howard Wasserman on September 1, 2021 at 06:43 PM in Civil Procedure, Constitutional thoughts, Howard Wasserman, Judicial Process | Permalink

Comments

The comments to this entry are closed.