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Friday, October 22, 2021

SCOTUS grants review in SB8

SCOTUS granted cert before judgment in United States v. Texas and WWH v. Jackson, with argument on November 1. The grant in Texas is limited to whether Texas can sue. The Court declined to lift the Fifth Circuit's stay of the injunction in United States, so the law remains enforceable; Justice Sotomayor was the lone dissent on that point.

Our papers are about to change dramatically.

Posted by Howard Wasserman on October 22, 2021 at 01:32 PM in Civil Procedure, Constitutional thoughts, Howard Wasserman, Judicial Process | Permalink


RE: "whether Texas can sue"

Surely you mean whether the U.S. can sue Texas?

Also, there are 3 additional conditional cross-petitions for
cert before judgment by defendendants in WWH v. Jackson.
See Nos. 21-582, 21-583 and 21-587 in addition to 21-463
(the initial one by WWH)

Posted by: Wolfgang P. Hirczy de Mino | Oct 22, 2021 3:47:59 PM

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