UPDATED 10.11.2021 @ 10 PM EDT: The 25 page opposition to the Fifth Circuit's temporary administrative order, filed on behalf of Merrick Garland by the DoJ -- is now docketed, in New Orleans. It correctly states the law. The only question is whether the Fifth Circuit will ignore controlling Supreme Court precedents, to force a confrontation. If it does, it is just a craven political arm of Trumpism. There is no other way to read it. There is simply no good faith argument that Texas may do what it is trying to do with SB-8 -- unless the Supremes radically change the now fifty year standing course of black letter case law. End update.
To be certain, this is difficult news -- and this is. . . a very-partisan administrative decision, from the Fifth Circuit.
But it is pretty much the opposite -- of anything remotely resembling a final one.
. . .Appellee [Merrick Garland] is directed to respond to the emergency motion by 5 pm on Tuesday, October 12, 2021. . . .
So we march. . . ever onward. Texas is a very odd, cruel and in its own way -- small-minded -- place. This is a much better statement of the law (earlier filed 125 page opinion in this case, at the trial court level).
नमस्ते
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