The Court Punts by Granting Cert in Cameron v. EMW Women’s Surgical Center
On June 2, 2020, a Sixth Circuit panel declared unconstitutional Kentucky’s regulation of second-trimester abortions. At the time, June Medical was pending before the Supreme Court. Of course, the panel could have waited till the end of June to render its decision. We all knew the decision was coming. But Judges Clay and Merritt decided time was of the essence. In dissent, Judge Bush urged the panel to “delay issuing an opinion in this case pending the Supreme Court’s disposition of June Medical Services.”
After the panel issued its decision, the Secretary for Health and Family Services (a Democrat) declined to defend the statute. The Attorney General (a Republican) tried to intervene. But the panel denied the motion to interview. The Attorney General filed a motion for rehearing. Once again, the panel denied that motion.
1. 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
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