HHS Secretary Azar is currently enjoined from implementing those changes, but the Ninth Circuit panel has said it may dissolve the injunction if this request for rehearing en banc is not granted -- it was filed this afternoon in San Francisco. So we wait likely only until tomorrow or Wednesday, to find out whether the rehearing will occur.
Busy, busy time in the Ninth Circuit, indeed:
. . . .Lastly, with respect to Plaintiffs’ likelihood of success in showing that the Rule violates the purpose of Title X, the motions panel erred in holding that the argument is “foreclosed . . . by the Supreme Court’s contrary finding in Rust.” Add.A24 n.5. In so concluding, the motions panel ignored the fact that Plaintiffs’ claims were not litigated in Rust. Plaintiffs here argue -- and the district court found them likely to show -- that the Rule would “so rip apart the Title X program, drive away its providers, and reduce low-income patients’ access to quality family planning care that it cannot be squared with” Congress’s purpose in establishing and annually funding Title X. . . .
Now you know. And over 300 children were transferred out of the private prison in Texas today, because of the attention these arguments, and attorneys' visits are bringing to bear. We must now be certain these children are placed in clean, licensed and appropriate facilities pending release. Tracking them will be the job of the Flores case team. So much moving in so many directions, at once.
Also tonight, the new Mayor of Chicago, Lori Lightfoot, announced that if Trump tries to restart his ICE "family" raids, next weekend, or over the Fourth (more likely), all public libraries here will be kept open as sanctuary shelters, 24/7 -- all weekend, and will not allow ICE entrance to the libraries -- backed by local Chicago Police guarding the doors. As I say. . . things are moving pretty quickly now. G'night. . . .
नमस्ते
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