This was inadvertently posted to the Supreme Court website and somebody managed to grab a copy before it was removed.
The judgement dismisses the Writs of Certiorari before judgement as improvidently granted and also vacates the stay that was previously entered by the Supreme Court on January 5, 2024.
Idaho’s abortion law is again BLOCKED and litigation will continue in the regular order in the District Court and Ninth Circuit.
I am pretty certain this is the actual final judgement that will either be released this week or next. The Supreme Court should never have gotten involved at this stage of proceedings and they are rightfully butting out.
The study found that the Ninth Circuit’s decisions were reversed at a rate of 2.50 cases per thousand, which was by far the highest rate in the country, with the Sixth Circuit second as 1.73 cases per thousand.
I’m sad that the pro-life law was blocked (at first I thought it said discussion and I was like, “good,” but then reread it). I feel that eventually we pro-lifers are going to prevail.
Abortion will never be the right way to go. Momma and baby both matter and both need to be cared for and protected.
The baby is going to have to be split. As they say.
Neither side in the extreme is acceptable.
Pro-lifers are already ahead in that none of their rights are being curtailed. Pro-lifers are not forced to have abortions, and they never ever ever have to avail themselves of the option if it is against their religious beliefs.
Just setting aside the underlying issue and discussing the framework of the decision.
The Supreme Court is a court of LAST resort. Not FIRST resort. LAST resort.
Only in extraordinary situations should the Supreme Court involve itself in a case in an interlocutory posture.
Instead, as per long custom, it should wait for ALL lower court proceedings to become final. That includes the District Court and Court of Appeals, up to the point that the Court of Appeals issues its mandate in a case and formally closes it.
The parties than can appeal to the Supreme Court and ONLY THEN should the Supreme Court, if it wishes, take the case.
In this case, proceedings were still underway BOTH in the District Court and the Court of Appeals. It will be several months (maybe a year or more) before this case becomes final in both the District Court and Ninth Circuit. THEN and ONLY THEN, should the Supreme Court consider whether to take it.
This study suggests otherwise for the 2022-23 SCOTUS term, in which 100% of the Fourth and Tenth Circuit cases were reversed, 88% of the 5th, with the Ninth coming in at 79%.
I live in the Fourth Circuit, which got 100% overturned that term.
The higher reversal rate at the Fifth Circuit lately is mostly due to a small number of bat ■■■■ crazy extremists, not the makeup of the court as a whole. Most of the court’s Republican and Democrat judges are reasonable, but there are a small number on the fringe, that account for most of those reversals.
In any event, case overturn rates are only of limited use, as the Supreme Court gets to cherry pick the cases it hears and a reversal in one circuit may have the practical effect of overturning cases in several circuits. Also, GVR’s aren’t counted.
there is no reason to take up a case unless the 4 justices voting to do so believe it could be overturned. With the current makeup of the court I imagine its easier to get 4 conservatives to grant certiorari than it is to get one to go along with the three leftist clowns.
