What’s going on with Dobbs and the S.B. 8 Cases?
When the Supreme Court placed the S.B. 8 cases on the rocket docket, I–and many others–predicted the Court would resolve the S.B. 8 cases before Dobbs was argued. No such luck. The Court faked us out last week with a water case. And no new opinions this week. Still no decisions in the Texas cases. What’s going on?
I suspect that the Justices realized that both opinions would be very, very difficult to write. If you rule for the private clinics, you have to modify, or perhaps even overrule Ex Parte Young. (That case was argued 115
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