Monday, June 15, 2015

 
FEDERAL COURT OF APPEALS PANEL DECISIONS ARE SPLITTING THE FIFTH CIRCUIT - US SUPREME COURT REFUSES TO HEAR CASE TO REINSTATE MISSISSIPPI ABORTION LAW, AFTER ANOTHER APPEALS PANEL UPHELD THE SAME RESTRICTION IN TEXAS

"Mississippi Law

The Supreme Court didn’t act Monday on an appeal over a Mississippi law that would close the state’s only abortion clinic by requiring doctors to get admitting privileges at a local hospital. A federal appeals court blocked the law, saying it would probably impose an “undue burden” on the rights of women seeking abortions.


Texas Case

In a similar case last week, a different three-judge panel of the same New Orleans-based appeals court reinstated strict abortion limits in Texas that may close all but a handful of clinics in the state. The court agreed the state’s interest in guarding patient safety outweighs the inconvenience to women who must travel long distances to gain access to the procedure."

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Now that the Supreme Court refused to reinstate the same Mississippi law, a Rehearing En Banc will be filed with the federal court of appeals with the Supreme Court's refusal to reverse the panel in the Mississippi case being the guiding case.  It will mean the Texas law will be held unconstitutional.

IMMIGRATION

We have the same split on Obama's Immigration policy.  A court of appeals panel already found Judge Hanen's APA ruling part of his ruling to be wrong - but that was in a case coming out of Mississippi.  But another panel ignored the panel in the Mississippi case, and upheld Judge Hanen's order.

A new panel will hear the formal appeal and could side with the Mississippi panel.  By the time the Obama Immigration order case reaches the Supreme Court, it will be moot because Obama will be out of office.  This was the goal of the Republicans all along.

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