Perhaps a glimmer of hope at the SCOTUS re the abortion bill

[Rstrstx]

I've been rather depressed after I learned that Scalia was the judge in charge of the 5th Circuit (how appropriate in all the wrong ways) and could rule on the 5th Circuit's vacating motion alone if he so chose or refer it to the entire court. But this is Scalia we're talking about, what do you think the odds are on him letting the whole court look at it? (could be higher than I think, but anything is higher than nil).

Then I read an article in the Ft Worth Telegram that stated Planned Parenthood could refile the petition with another judge on the court if it wanted (can you say Ruth Bader?). The full article is here:

http://www.star-telegram.com/2013/11/04/5305605/abortion-providers-ask-supreme.html

[Gothmog]

1. I read the pleading filed by Planned Parenthood

I thought that this motion was well done. I really hope that the SCOTUS steps in here in that this is the first case where a court enforced the TRAP on admitting privileges.

BTW, I really dislike Priscilla Owens (the 5th Cir. Judge who wrote the 5th Cir. opinion here). She should have never been confirmed to the court.

[Rstrstx]

2. Am hoping they might

As much as I don't care for Scalia he probably is well aware of the consequences of getting overruled by a fellow judge - it wouldn't look good. For that reason alone he may refer it to the full court so he wouldn't shoulder the blame if he got overturned later. If the SCOTUS as a whole sends the issue back to the 5th with the original stay intact that may also influence the opinion of the 5th circuit, especially if it comes with a strongly worded statement. No circuit court likes to get overruled especially if they know it's coming (though the 5th is certainly more brazen than most). If the 5th were to change its mind and uphold the ban I think that would be the end of it, the SCOTUS would probably not take an appeal by the state. I don't know if the 5th is going to try it with the same 3-judge panel, 3 different judges or en banc. Remember 3 other judges on the 5th did uphold a similar ban that was to go into effect in MS, so all bets are off if the judges play musical chairs.

If I were PP and Scalia alone lets the 5th Circuit go about their business unhampered I think I'd file their second motion with Sotomayor or Ginsberg, maybe Sotomayor since Ruth and Scalia are supposed to get along pretty well (don't know if that's genuine or not). I'm trying to think of a justice on the court who likes Scalia the least.

And you're right, Priscilla Owens is the poster girl for judicial overreach that the Republicans railed on and on about for so long.

[Gothmog]

3. SCOTUS is allowing SB2 to go into effect

Here is a link to the 5-4 opinion of SCOTUS http://blog.chron.com/texaspolitics/2013/11/documents-supreme-court-refuses-to-block-texas-abortion-law/?cmpid=bna

[Rstrstx]

4. How depressing

At least Scalia brought it before the full court. It will probably come before the court again after the 5th circuit has upheld it (and make no mistake, this is definitely the green light the 5th circuit was looking for to uphold it). As to their final ruling on the bill will be I don't know, their decisions have been all over the map lately re. abortion. With Roberts and Kennedy mum we don't know how the case will ultimately be decided