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Saturday, October 30, 2021

The Myths of SB8

Rocky and I have a post at Balkinization previewing Monday's arguments in the SB8 cases. Short answer: United States v. Texas should proceed on either standing theory with an equitable cause of action, while WWH should fail for lack of a proper defendant to sue or enjoin at this time (whether they call it standing, sovereign immunity, or no violation on the merits).

I will write something about the argument on Monday. And I am doing an argument post-mortem for the Federalist Society (with Stephen Sachs of Harvard) on Tuesday. Yes, my views on this align with Fed Soc rather than ACS--we live in strange times.

Posted by Howard Wasserman on October 30, 2021 at 11:12 AM in Civil Procedure, Constitutional thoughts, Howard Wasserman, Judicial Process | Permalink

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