The John Minor Wisdom United States Fifth Court of Appeals building in New Orleans, Louisiana, on Oct. 3, 2017, The Texas Tribune’s daily newsletter that keeps readers up to speed on the most essential Texas news.If the 5th U.S. Circuit Court of Appeals was a boxer, you’d bet on the other guy.
“One of the most conservative Supreme Courts we've ever had is still repudiating right-leaning decisions from the most conservative appeals courts in the country,” said Steve Vladeck, a law professor at Georgetown University. “But even then, it’s doing so in cases that should never have gotten to the Supreme Court in the first place.”
“The associations’ members have standing because they allege adverse events from chemical abortion drugs can overwhelm the medical system and place ‘enormous pressure and stress’ on doctors during emergencies and complications,” Kacmsaryk wrote. “Citizens and doctors who object to what the law allows others to do may always take their concerns to the Executive and Legislative Branches and seek greater regulatory or legislative restrictions on certain activities,” Kavanaugh wrote.
“These are lawsuits that should never have been lawsuits,” Vladeck said. “By holding that these plaintiffs do have standing, the 5th Circuit is allowing the federal courts to decide cases they have no business deciding.” “Every judge takes an oath to the Constitution, and I think the judges in the 5th Circuit, and really all the courts, have very strong views on what the Constitution means,” Blackman said. “The Supreme Court disagrees on that. That's their call.”
One side effect of this cat-and-mouse game, Vladeck said, is the Supreme Court gaining a reputation as a “profoundly centrist institution” because it blocks the 5th Circuit’s most extreme rulings.
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