SCOTX Holds that SCOTUS Was Wrong, Justice Thomas Was Right, and Jonathan Mitchell Is Still A Genius

The Supreme Court of the United States ruled December 12th Whole Woman’s Health, v. Jackson. The case decided that the abortion providers couldn’t sue either the Attorney General, state judge or clerks of court. This was because these state officials had no power to make S.B. effective. 8. Justice Gorsuch’s majority opinion however suggested that licensing officers be licensed by the state. couldYou could play an important role in enforcement of the law

The briefing and argument that was before usIt It appears that these particular defendants fall within the scope of Ex parte YoungHistorical exception to the immunity of state sovereignity These are all executive licensing officers who May or should? take enforcement actions against the petitioners if they violate the terms of Texas’s Health and Safety Code, including S. B. 8. See, e.g., Tex. Occ. Occ. §164.055(a); Brief for Petitioners 33–34. We hold therefore that petitioners can sue these defendants against sovereign immunity. At the motion to dismiss.

The hedges in this paragraph were more than those found in the Versailles gardens. Justice Gorsuch tried to agree with Justice Thomas without being forceful. Justice Thomas ruled that licensing officials were unable to enforce the statute.

The Fifth Circuit certified the Texas Supreme Court a question on remand: Did the Texas state licensing officers enforce the statute? Today, SCOTX has answered this question No. Justice Boyd authored the majority opinion of the unanimous Court.

These opinions are a lot of my favorites.

The first was that this case confirmed the rule that the United States Supreme Court doesn’t have absolute power over the United States Supreme Court, least not in the area of state law interpretation. Judge Sutton, you’re very welcome. This is a rare instance in which a court of state disagrees with the United Supreme Court. Contrary to what Judge Higginson claims, I doubt that the Supreme Court will review its decision. Justice Gorsuch gave an Erie guess. He was incorrect.

Justice Thomas is then vindicated. Thomas was the sole Justice to accept the naturalst interpretation of S.B. 8. I think the cynic within me believes at least some Justices in majority refused to read the law in a way that excluded all possible relief. The idea is to indicate that abortion clinics may prevail even if the relief offered was not meaningful. For journalists, it is better to make them write about “divided” decisions or similar pablum. Gorsuch’s ambiguous decision is a sign of an attempt to preserve a majority. Thomas was ready to tell the truth once more.

The Chief Justice Roberts was also rebuked for his judicial supremacy. Roberts’s decision to be overruled is rare. This happened. He deserves it. Justice Boyd, thank you.

Fourth, SCOTX affirmed the fact that Jonathan Mitchell is a genius. Mitchell wrote a statute which pre-empted any possible attack. The Supreme Court had eight members who thought that they had found a loophole. The highest court in Texas ruled that they were incorrect.

This case should be dismissed by the Fifth Circuit immediately The offensive lawsuit against S.B. 8. draws to an end. We all wait. Dobbs.