problem here is that planned parenthood versus casey probably won't be the law next term when the supreme court takes up one of several abortion related cases and as we talked about cases that are decided on the shadow docket related to emergency petitions don't carry any presidential value but it does telegraph what the various justices are willing to do and in what context and this is a pretty clear signal that they're going to overrule planned parenthood versus casey and roe vs wade when it comes up on the official docket in next term and regarding the bounty hunter provisions the doj asserts that enforcement by private citizens makes them state actors but again here the fifth circuit has already ruled on that particular argument and the supreme court dismissed the argument on the shadow docket so it's extremely unlikely that the doj is going to get a second bite at the apple on that particular issue especially when the fifth circuit has already weighed in and the supreme court has approved of that decision and speaking of that court of appeals the fifth circuit finally wrote an opinion to explain its decision in whole women's health this is actually unrelated to the new doj lawsuit but according to the fifth circuit sb-NUMBER_TOKEN emphatically precludes enforcement by any state local or agency officials the defendant officials thus lack any enforcement connection to sp-NUMBER_TOKEN and are not amenable to suit under ex-party versus young therefore the fifth circuit opines that the plaintiffs don't have any claim quote against the state licensing officials namely the executive directors of the texas medical board texas nursing board or the texas board of pharmacy or the state health and human services commissioner the court says it's mindful that sba violates people's constitutional rights but that women can't sue at this particular time and that they might be able to sue in the future here's that language we are mindful that sbNUMBER_TOKEN applies to pre-viability abortions which may raise serious questions regarding the constitutionality of the texas law the citation but also see noting the court's order in no way limits other procedurally proper challenges to the texas law including in texas state courts so effectively the fifth circuit is saying that the only way to challenge this law is to wait for a person to sue under the bounty hunter provision and then raise the constitutionality of sb-NUMBER_TOKEN as a defense to liability and the fifth circuit was certainly not going to waste the decision of the supreme court stating quote we are also mindful of the real world effects while courts resolve these vexing procedural questions but we point out as did the supreme court the potential sba defendants will be able to raise defenses before state courts that are bound to enforce the constitution so unfortunately there's going to be a ton of confusion while we wait for someone to try to enforce the bounty hunter provisions at which time the defendant will then try to claim that sba was unconstitutional from the get-go in which case we'll be right back in front of the courts making all of these same arguments again so do you need to vent about the court's decisions or maybe call your congressperson get them to pass a legislative solution well if you don't throw your cell phone out the window in frustration you can actually save a ton of money on that call with ting mobile today's sponsor in
START_SPONSOR_TOKEN so do you need to vent about the court's decisions or maybe call your congressperson get them to pass a legislative solution well if you don't throw your cell phone out the window in frustration you can actually save a ton of money on that call with ting mobile today's sponsor in END_SPONSOR_TOKEN