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REUTERS | U.S. Supreme Court leans toward letting Kentucky official defend abortion law
Why is that?
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Fight to limit abortion access in Kentucky focuses on AG's standing: What was the question?
to tackle state-sovereignty claim that Kentucky's attorney general is wielding to all but ban abortions after 15 weeks.
[...]
These [regulatory] issues* did not even register Tuesday at oral arguments, where the court focused instead on the ["]technical matter["] of whether the attorney general, a separately elected [BWAH!] office [of We the People], has the authority [BWAH!]to appeal in place of the state's [appointed] secretary of health [laws enacted by KY legislature?]. Due to a change in political administrations, the secretary is now a Democrat and has opted not to fight an injunction against HB 454 upheld by the Sixth Circuit.
"Why would we call it an abuse of discretion for a court of appeals, after it rendered its judgment, to say we don't really care what has happened in the political arena," Justice Sonia SOTOMAYOR grilled a deputy state solicitor general. "We don't want to be dragged into it. You agree to be bound by this judgment. You didn't appeal [US District, US 6th Cir., even though you were a party. Are you telling me you're now willing to waive the sovereign immunity of the state? Because that's what it sounds like."
EMW: Filing deadline default! KY snoozed, KY loses.
SCOTUS: State sovereignty is timeless until further notice.
So here they are.
Justice [Anti-RBG] asked why the petitioner didn't just intervene on behalf of the state -- a move that would have waived the state sovereign immunity. "We wouldn't be even having this discussion if you had intervened on behalf of Kentucky," the Trump appointee [?] [KY Deputy Solicitor General Matthew Kuhn] said.
[...]
BREYER pushed [ACLU attorney Alexa Kolbi-]Molinas on why Cameron could not defend the law.

"The Sixth Circuit says this is unconstitutional, and somebody could have filed a defendant motion for rehearing, and then they could have tried to come here," Breyer said. "But the secretary of state said I'm not going to do that because there had been a political party change. And so at that point, the attorney general says well ... nobody's going to defend this so I better. Is that what happened? Am I totally wrong?"

* moot court: Casey with Hellerstedt is the controlling opinion limiting state regulations in re: "viability", abortion "access," and any medical procedures. Erryone but twitter has moved on to contesting state and State ha. ha. ha. sovereignty applicable to any controversy.

archived I cannot overstate how utterly irrelevant and ill-conceived this "issue"

by Cat on Wed Oct 13th, 2021 at 02:00:00 AM EST
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