[U] Merrick Garland's Solidly-Argued Application, Re Texas SB-8 (At The Supremes) Is Now Available...

Updated @ 10 PM EDT: In another challenge to SB-8, the Supremes have agreed to hear expedited appeals. This bodes well for Mr. Garland (and ill, for Texas). Texas owes its reply in that other case by Noon this Thursday. End, updated portion.

We will let you read it for yourself, and not quote it extensively. But it is absolutely a correct statement of the applicable law.

In any sane world, Texas should lose, as the below is what this is all about:

. . .For half a century, this Court has held that “a State may not prohibit any woman from making the ultimate decision to terminate her pregnancy before viability.” Planned Parenthood of Se. Pa. v. Casey, 505 U.S. 833, 879 (1992) (plurality opinion); accord Roe v. Wade, 410 U.S. 113, 163-164 (1973). S.B. 8 defies those precedents by banning abortion long before viability -- indeed, before many women even realize they are pregnant. . . .

The United States respectfully requests that this Court vacate the Fifth Circuit’s stay of the district court’s preliminary injunction. . . . The district court correctly held that the United States is likely to prevail on the merits of its two claims that S.B. 8 violates the Constitution. . . .

Onward, with a new spring in my step, this fine Monday afternoon, after biking along the lake. . . grinning.

नमस्ते