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-2

Federal judges are appointed by the Executive, so being appointed again to a different position isn't that weird. It is uncommon for a judge to resign and become a lawyer again, as in general judge is viewed as more prestigious. There isn't much of a conflict of interest in going from judge to attorney general, beyond cases currently in process or ruled on ...


6

There is no conflict of interest here. First of all, this is not unique or unusual. There have been several instances of judges resigning to accept cabinet appointments in the United States Moreover, what you identify as a Conflict of Interest is simply not what Conflict of Interest means. To wit: A conflict of interest (COI) is a situation in which a ...


-3

Basically this is a case of viewing with alarm, which both parties have become enamored of. The Supreme Court only hears cases where someone can claim actual harm, which can be remedied. First off, the law is of course an attempt to eliminate abortions. It attempts to do that by making it fiscally dangerous, with the danger coming from a 3rd party not the ...


2

Because the Texas anti-abortion "law" is defined using language that sets it up as completely beyond challenge by any legal authority of the United States, including the Supreme Court. The ramifications of this should be obvious: if any state can do the same, you no longer have United States bound by a single legal system - you have anarchy. You no ...


10

One of the basic principles of American democracy is checks and balances, and central to this are three branches of government, legislative, judicial, and executive, that check each other's powers. The purpose of this bill is to produce a chilling effect on the provision of abortion, and while the actual lawsuits would have to go through the courts, at the ...


20

Question: Why is avoidance of judicial review of the Texas abortion law and in the future to other US state laws so concerning to the US department of justice? What is the nature of this "greater, additional and further risk"? Quite simply, you could attack any right using the same system. That's the problem. Anything from supporting the Yankees ...


13

Back in the late 19th and early 20th centuries an assortment of citizens groups in the deep South — most notably the Ku Klux Klan — used intimidation, violence, and extrajudicial killings to enforce oppressive segregationist policies and deprive African Americans of their newly-won rights as citizens. Local and state governments turned a blind eye; African ...


42

In WWH v. Jackson the Court majority concludes that the Texas law is de facto immune to the power of judicial review, for entirely procedural reasons. They argue that the Court's power of injunction can only be applied to persons because non-person things don't take actions of their own and so cannot be made to stop taking actions... because they don't ever ...


5

The Constitutional argument that all state laws are subject to review by SCOTUS is the Supremacy Clause, which holds that the United States Constitution (and therefore its enforcers and interpreters) and the Federal law that descends from it, automatically overrule any law passed by a state, even that state's own Constitution. The legal principle in play is ...


20

I haven't come across supporters of the bill disclaiming the charge that the private enforcement clause is intended to evade immediate judicial review - the sponsor of the bill, Senator Bryan Hughes, is very open about having worked with attorney Jonathan F. Mitchell to write the bill, saying "I get to be the author of the bill, my name is on it, but we ...


10

I don't think the supporters of the law would necessarily disagree that the purpose was to limit abortions. It also remains to be seen if there's no legal way to challenge the law. To clear a few things up The law allows private citizens to file lawsuits against abortionists who abort a fetus with a heartbeat (~6 weeks of gestation) (laws with direct ...


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