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View Diary: Federal Appeals Court Forces Some TX Abortion Clinics to Close Friday (31 comments)

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  •  Remember, this is not a decision on the merits (4+ / 0-)
    Recommended by:
    Gooserock, annrose, notrouble, VClib

    as I understand it.  However, the Fifth Circuit concluded that Texas has made a showing that it is "likely" to ultimately succeed on the merits.

    What happened (in non-legalese) is that the district court granted an injunction, which means that the law can't be enforced.  That decision is being appealed. The question is solely what to do about the law during the time it is pending at the Court of Appeals. This is a decision that the district court's order stopping Texas from enforcing the law will be stayed -- held in limbo - -while the decision is being appealed.  One of the factors in meeting that is that the party who wants the district court decision held in abeyance during an appeal has to show that it is likely to succeed in its appeal, and the Fifth Circuit decided that in this case, the state of Texas met that standard.  So the state can enforce the law while the decision of the district court is being appealed.

    The Fifth Circuit will hear the merits of the case -- whether Texas should be permanently prohibited from enforcing the law -- in January.

    If anyone wants to read the decision itself, the PDF is here.

    And Judge Owen, who wrote the decision is a very smart woman, and also a very conservative Republican.  But I do not see a dissent which means that the other two judges agreed with her.  

    •  Thanks for That Explanation. nt (1+ / 0-)
      Recommended by:
      annrose

      We are called to speak for the weak, for the voiceless, for victims of our nation and for those it calls enemy.... --ML King "Beyond Vietnam"

      by Gooserock on Thu Oct 31, 2013 at 06:50:18 PM PDT

      [ Parent ]

    •  not that intellectual (3+ / 0-)
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      annrose, Danali, Tonedevil

      I remember watching Judge Owen's confirmation hearing before the Judiciary committee back in 2004 or 2005 and wasn't impressed at all.  I'm sure she's smart..but not very intellectually impressive..a bit of a dud.  She let's her right wing evangelism get into her judicial decision making and that's why Bush nominated her...

      •  People need to stop thinking (1+ / 0-)
        Recommended by:
        VClib

        that being a conservative means you are not very smart or intellectual.  There are a lot of very very smart, intellectual conservatives.  Justice Scalia is extremely smart and intellectual, according to virtually everyone, conservative or progressive, who knows him.  He's also very very very conservative  

        Judge Owen is a very intellectually impressive (I've met her,  I practice in the 5th Circuit, and I know a number of people who know her personally).  She got the highest grade on the Texas bar exam the year she took it, for example.  That doesn't happen when you are "not intellectually impressive . . . a bit of a dud."  She's also very very very conservative.  The two are not mutually exclusive.

        You can hardly get a sense of how "intellectually impressive" someone is during confirmation hearings.  Today, the candidates are coached to say almost nothing at all, so that the opposition cannot get anything to use against them.  

    •  Unfortunately once those clinics are shut down (3+ / 0-)
      Recommended by:
      annrose, notrouble, Tonedevil

      it is highly unlikely that they will be able to re-open in January as they will have had to go for quite a while without being able to do any procedures yet still having to cover rent and other expenses.  Sure, they could just open new ones from scratch once the law is overturned but that takes quite a bit of time and lots of money and there is nothing to prevent Texas from doing the same exact thing all over again.

      You have watched Faux News, now lose 2d10 SAN.

      by Throw The Bums Out on Thu Oct 31, 2013 at 07:06:27 PM PDT

      [ Parent ]

      •  It likely won't be January (2+ / 0-)
        Recommended by:
        annrose, VClib

        As I understand it, oral argument is scheduled for January.  It may take the Court weeks after that to render a decision -- they often take weeks for a complicated or a big decision.  

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