Quote:
Originally Posted by donquixote99
Sets up SC test.
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Something was lost in the translation here. The original article mentioned that the district court entered a permanent injunction. But from looking at a story, it sounds like the Fifth Circuit took an interlocutory appeal on the injunction issue alone. So I think what we really had was a temporary injunction to keep the law at bay while it's constitutionality was being litigatedW
One of the factors courts consider in deciding whether to issue an injunction pending litigation is the "probability of success on the merits." It sounds like the Fifth Circuit and the district judge had a differing view of the chance of success on the merits, but the ultimate decision regarding the constitutionality of the law is still in play at the district court level. And then the Court of Appeals. And then the Supremes.
What this means is that while the litigation is pending, there will be hundreds of women who lose access to services while the lawyers fight it out.
Regards,
D-Ray