April 12, 2021
On Friday, in a procedural oddity, the Sixth Circuit Court of Appeals voted to hear the initial appeal in
Bristol v. Slatery as a full court, rather than allowing the case to proceed as normal before a three-judge panel. The case involved abortion, and the takeaways are two-fold: The judiciary is just as fractured as the rest of America, and leftist judges are defiantly ignoring Supreme Court and circuit precedent.
To understand the significance of the Sixth Circuit’s order on Friday, one needs a basic primer of federal practice. The federal court system is mainly a three-tier system, with cases beginning at the lowest level, called district courts. The middle tier of courts consists of federal appellate courts, of which there are 13, although the Federal Circuit only hears specialized appeals. The 12 other circuits hear appeals from district courts located in the boundaries of the appellate courts as established by Congress.
Tennessee Officials Ask SCOTUS for Stay of Lower Court Judgment Finding Abortion Waiting-Period Law Unconstitutional
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Backing Tennessee Abortion Providers, 20 Attorneys General Tell Sixth Circuit to Strike Down Law Requiring Waiting Periods for Women
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President of Judicial Crisis Network Carrie Severino provides insight.
Tennessee is asking the Supreme Court to put a hold on a lower-court ruling that the state s two-day waiting period for women seeking an abortion is unconstitutional, even though it s been in effect for years and other states have similar waiting periods.
Justice Brett Kavanaugh on Tuesday set a deadline for the three pro-abortion groups on the other side of the suit to respond to Tennessee s emergency request that the Supreme Court lift a district court s permanent injunction against the law. The waiting period has been on the books for more than five years, Tennessee s emergency request said.
AG Steve Marshall Supports Law Requiring 48-Hour Wait Period Before Abortions
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