Tomorrow's Election Day. November 2016 is a major reason we are here. The Ohio reproductive liberty measure (covered on Law Dork in the past) is a major thing on the ballot.
One potential implication would be that a delay into next term might put this case and it’s argument past the 2024 election and potentially (hopefully not) a very different DOJ and SG.
A further thought in the potential delay. The state AG’s might see this as a smart legal step, but it’s politically disastrous for Republicans running in 2024. Dems and Biden being able to put the abortion question and access to mifepristone front and center in the 2024 campaign is a huge deal.
My sense is that even this SCOTUS has taken a dim view of States’ outlandish standing claims, cf. the challenge to ACA after the mandate was repealed (severability and all that). In any event, these troglodyte AGs can intervene in their special troglodyte court til the cows come home, as long as SCOTUS keeps its stay of the troglodyte judge’s PI intact.
Thanks for breaking down the complicated details.
Tomorrow's Election Day. November 2016 is a major reason we are here. The Ohio reproductive liberty measure (covered on Law Dork in the past) is a major thing on the ballot.
One potential implication would be that a delay into next term might put this case and it’s argument past the 2024 election and potentially (hopefully not) a very different DOJ and SG.
A further thought in the potential delay. The state AG’s might see this as a smart legal step, but it’s politically disastrous for Republicans running in 2024. Dems and Biden being able to put the abortion question and access to mifepristone front and center in the 2024 campaign is a huge deal.
My sense is that even this SCOTUS has taken a dim view of States’ outlandish standing claims, cf. the challenge to ACA after the mandate was repealed (severability and all that). In any event, these troglodyte AGs can intervene in their special troglodyte court til the cows come home, as long as SCOTUS keeps its stay of the troglodyte judge’s PI intact.