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

Constitutional Law Reporter

Supreme Court held in Whole Woman’s Health v. 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. 8 violates the Constitution.

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Supreme Court Rejects Injunction of Texas Abortion Law. Media Erupts With Roe Obituaries

JonathanTurley

Across the spectrum, legal experts were declaring the death of Roe v. Wade after the Supreme Court refused to enjoin a Texas anti-abortion law in an emergency filing. Alexandria Ocasio-Cortez announced that the Supreme Court just “overturned” Roe in the order. This is how legal analysis dies.

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Texas Supreme Court Rejects Defamation Claims of Pro-Choice Group

JonathanTurley

The Texas Supreme Court has handed down a major ruling in defense of free speech this week. What was particularly chilling is that one appellate court agreed with the absurd argument that characterizing abortion as murder is an actionable basis for defamation as opposed to protected opinion.

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Fifth Circuit Blocks Texas SB 4 and Rejects the Invasion Theory Under State War Clause

JonathanTurley

The United States Court of Appeals for the Fifth Circuit has blocked border enforcement by the state under Texas’s SB 4. Many of us had predicted this result given the prior precedent of the Supreme Court on the federal preemption of state immigration laws. United States , 567 U.S.

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Texas Supreme Court Lifts Restraining Order Protecting Democratic Legislators from Arrest

JonathanTurley

Last night, the Texas Supreme Court lifted the temporary restraining order. The earlier discussion noted that the authority of the Texas legislature to compel the appearance of members (which is the same as the provision in U.S. Constitution) is expressly stated in the state constitution. Ted Cruz (R.,

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Roe Roulette: Biden Administration Takes a gamble with emergency appeal of Texas abortion law

JonathanTurley

Texas on the request for an emergency injunction in Texas to block the state’s controversial abortion law. The merits of the law are not at issue in the questions presented today but the decision to push for an injunction comes with some risks for the Biden Administration. Jackson and United States v.

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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. Legally, that is. Newsom denounced the Supreme Court in Women’s Health v. It won’t work.

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