Preclusive Effect News Today

Appeal, theres no real reason for you to seek relief in the supreme court, is there? >> but in the normal case, if you win that case, if you win, then you dont have to continue litigating that. here, sb-8 says there is no preclusive effect. >> youre getting back to the argument that there is a chilling effect. im asking for your position in the absence of that. if its just a regular type of case, surely its adequate to have federal review at the end of the state court process? >> in the normal c...

This sb-8 is structured that the chilling effect is the very multiplicity of lawsuits that are threatened against you? >> yes, your honor. thats exactly right. its the fact -- theres a combination of various ways that the state has created special rules, applicable only to sb-8 to make state courts a tool that can be used to nullify constitutional rights that have been recognized by this court. and i think there are four essential components of sb-8 that the legislature created. first, it allows...

Their preliminary vote two months ago. >> youve been there in front of the supreme court arguing more than 45 times. lets go back to the supreme court in this extraordinary opportunity to listen in, to be in there and listen to what the supreme court is thinking and asking. >> justice thomas, anything further? justice breyer? >> i would like to just be sure that i have this. your basic point, i take it here, as weve discussed it, is this kind of a private lawsuit is not an ordinary tort suit, ok...

Effect, even if an abortion provider wins a case about that abortion. they still have to continue to face suit after suit after suit, because theres no preclusive effect. it turns the provider or the abortion supporter into a permanent defendant -- >> well, council, i dont want to interrupt your answer to justice sotomayor, but just to pick up on a point that you made. and maybe you can clarify this before you finish answering her question, if you havent finished already. isnt it the case that t...

Its an enforcer, being used as an enforcer. >> i agree with that, your honor. but your honor, here, the point is that regardless of the outcome of the case, it is the threat of filing an unlimited number of cases in counties all across the state where there is no preclusive effect, and where the state has even made it where are difficult to get an attorney, by making attorneys liable for fees for the other sides fees. >> mr. hearron -- >> all of that creates a threat -- >> keep going, im sorry. ...

Evade judicial protection of that right in federal or state court. texas delegated enforcement to literally any person, anywhere, except its own state officials. the only conceivable reason for doing so was to evade federal court review under ex parte young. texas then created special rules, applicable only to sb-8 claims, that make it all but impossible to protect ones constitutionals rights in state court. for a single abortion, the law authorizes limitless suits in all 254 counties and provid...

0 weeks. lindsey? >> gabe gutierrez, thank you. and in just seconds, well take you inside the supreme court to hear arguments in two challenges to the texas abortion law. im lindsey reiser in for stephanie ruhle. jose diaz-balart picks up the coverage right now. good morning. its 10:00 a.m. eastern, 7:00 a.m. pacific. im jose diaz-balart. and we begin with something that hasnt happened before. for the first time ever, msnbc will bring you live oral arguments from the u.s. supreme court as it...