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Supreme Court Allows Pre-enforcement Challenge Against Texas Abortion Law to Proceed

Constitutional Law Reporter

Jackson that abortion providers may bring a pre-enforcement challenge in federal court as one means to test whether Texas’ s strict abortion law violates the U.S. Constitution, albeit only against certain state medical licensing officials. The justices also ruled that the law (S.B. 8 violates the Constitution.

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Send Lawyers, Guns, and Money: Newsom Calls For Gun Ban Modeled on Texas Abortion Law

JonathanTurley

Gavin Newsom thrilled many this weekend by saying that his administration will model a new law on Texas’ abortion ban that would let private citizens sue anyone who makes or sells assault weapons or ghost guns. It will be hugely successful politically, but not without costs to the state and potential litigants. Legally, that is.

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Supreme Court Rejects Injunction of Texas Abortion Law But Allows the Challenge to Proceed in Lower Court

JonathanTurley

That represents a partial victory for pro-choice litigants, but the Court returned to a single track for its abortion review. That track originates in Mississippi, not Texas. Dobbs will remain the key decision on reproductive rights and is likely to answer many of the questions in the ongoing Texas litigation.

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Supreme Court Favors Religious Liberty in Death Row Case

Constitutional Law Reporter

Supreme Court held that Texas can’t execute a man death row unless it allows his pastor to pray and lay hands on him while he is executed. A Texas jury sentenced John Ramirez to death after he brutally murdered Pablo Castro in 2004. In Ramirez v. Collier , 595 U. S. _ (2022), the U.S. Facts of the Case.

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“The Light is Better Here”: Garland Pledges To Protect Abortion Clinics From “Attack”

JonathanTurley

Attorney General Merrick Garland was widely covered in pledging that the Justice Department would defend women in Texas seeking abortions. Garland appears to be answering a different question than the one raised by the new law. However, Garland was pledging to enforce a law that has long been robustly enforced.

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California Dreaming: Newsom’s Kidnapping Claim Against DeSantis is Long on Politics and Short on the Law

JonathanTurley

California Attorney General Rob Bonta (D) chimed in, declaring the flight from Florida might be “ State-sanctioned kidnapping.” Attorney for the District of Massachusetts, announced that she was taking a look, “long and hard,” at potential charges. First, let’s look at the law. Gavin Newsom (D-Calif.)

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“Be Aggressive and Go All the Way”: Abortion Could be Headed Back to the Supreme Court

JonathanTurley

Below is my column in the Hill on how the next round of post-Roe litigation is coming into sharper focus. In the law, the adjustment can take years, as collateral doctrines and applications shake out along new fault lines. Texas is suing the Biden administration over new guidance issued after the Dobbs decision.

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