Supreme Court's Texas Abortion Law Decision Explained (VL535)

The US Supreme Court's "shadow docket" of emergency motion decisions has long been a source of curiosity and controversy, but no more so then when the State of Texas deputized its citizenry to enforce a new abortion law (S.B. 8).

What was asked of the Court, and why did SCOTUS elect not to act? How would the dissent have dealt with the situation? And what does it signal for the future?

SCOTUS - The one place we don't want shadow drops...in Virtual Legality.

#SCOTUS #Texas #Abortion

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CHAPTERS
00:00 Introduction
02:48 Roe v Wade and the Texas Law
07:18 Ex Parte Young and the Texas Two-Step
12:32 The Shadow Docket
14:25 The Court's Denial (Alito - Standing)
22:08 Roberts Dissent (Pragmatism and Process)
30:08 Breyer Dissent (Delegation Shouldn't Block)
34:12 Sotomayor Dissent (Flatly Unconstitutional)
38:27 Kagan Dissent (Shadow Docket)
41:24 Conclusion (Dobbs)

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Discussed in this episode:

"BREAKING: SUPREME COURT ALLOWS TEXAS ABORTION BAN TO REMAIN IN EFFECT."
Tweet - September 2, 2021 - SCOTUSblog
https://twitter.com/SCOTUSblog/status/1433281871555833859

Roe v. Wade
410 U.S. 113 (1973)
https://supreme.justia.com/cases/federal/us/410/113/

"Texas Senate Bill 8"
https://legiscan.com/TX/text/SB8/2021

"Ex Parte Young"
Decided March 23, 1908
https://casetext.com/case/ex-parte-edward-young

11th Amendment
US Constitution
https://www.law.cornell.edu/constitution/amendmentxi

"Texas abortion law that bans procedure as early as six weeks set to go into effect after court cancels hearing, denies motions"
Texas Tribune - August 29, 2021
https://www.texastribune.org/2021/08/29/texas-abortion-law-5th-circuit-court/

"Supreme Court 'Shadow Docket' Under Review by U.S. House of Representatives"
ABA Webpage - April 14, 2021
https://www.americanbar.org/groups/committees/death_penalty_representation/publications/project_blog/scotus-shadow-docket-under-review-by-house-reps/

WHOLE WOMAN’S HEALTH ET AL. v. AUSTIN REEVE JACKSON, JUDGE, ET AL.
Denial of Injunctive Relief - September 2, 2021
https://www.supremecourt.gov/opinions/20pdf/21a24_8759.pdf

CALIFORNIA ET AL. v. TEXAS ET AL.
Decided June 17, 2021
https://www.supremecourt.gov/opinions/20pdf/19-840_6jfm.pdf

Article III, Section 2
US Constitution
https://www.law.cornell.edu/constitution/articleiii

"Court to weigh in on Mississippi abortion ban intended to challenge Roe v. Wade"
SCOTUSblog - May 17, 2021
https://www.scotusblog.com/2021/05/court-to-weigh-in-on-mississippi-abortion-ban-intended-to-challenge-roe-v-wade/

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DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

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