October 2021 | 174 comments (174 topical, editorial, 0 hidden)

Re: That was quick. (none / 1)

plucky courthousnews reporter dives into the bogus shadow docket, retrieves KY appeal of 6th Cir injunction ...Abortion and the high court: Kentucky FIRST[?] up in a growing MOVEMENT, Tues, 12 Oct 2021

House Bill 454, as the law is officially known, would bar a dilation and evacuation procedure -- the country's most common method for abortion of a fetus in the second trimester [TRUE] -- unless that fetus is already dead.[FALSE]

cf. 5th Cir. "blistering" opinion reversing US District ct. factual and procedural errors in Whole Woman's Health et al. v Paxton, et al., 18 Aug 2021

After the Sixth Circuit affirmed an injunction for the clinic, the [KY] health secretary appointed by U.S. District Judge Joseph [eh?] opted to drop further appeal. Rather than late the case die, however, [AG Daniel] Cameron in turn moved to intervene.
What is the question?

Whether a state attorney general vested with the power to defend state law should be permitted to intervene after a federal court of appeals invalidates a state statute when no other state actor will defend the law.

And if so, whether the Court should vacate the judgment below and remand for further consideration in light of June Medical.
"EMW ignores that the Attorney General moved to intervene in his capacity as the Commonwealth of Kentucky's chosen agent to represent its sovereign interests in court," Cameron argues in a reply brief.
The justices granted [KY] certiorari in March [2021], amid several other abortion-related case[s] that have been moving through the appellate courts simultaneously. Back in [] June [2020], the Supreme Court voted 5-4 to strike down another strict Louisiana abortion law in the case June Medical Services LLC v. Russo.
Breyer, J., announced the judgment of the Court and delivered an opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined. Roberts, C. J., filed an opinion concurring in the judgment. Thomas, J., filed a dissenting opinion. Scalito, J., filed a dissenting opinion, in which Gorsuch, J., joined, in which Thomas, J., joined except as to Parts III-C and IV-F, and in which Kavanaugh, J., joined as to Parts I, II, and III. Gorsuch, J., and Kavanaugh, J., filed dissenting opinions.