When the U.S. Supreme Court remands a case back to a circuit court, how much room does the circuit court have to "play around"? The Fifth Circuit's response is "a lot".
The U.S. Supreme Court remanded the SB8 case back to the Fifth Circuit and allowed claims against Texas health agencies to proceed. The Fifth Circuit is not pleased. Instead of following the Supreme Court's remand order, the Fifth Circuit certified a question - whether the state health agencies have the enforcement power under SB8 - to the Texas Supreme Court. This new method ignited a lot of fires between Justice Edith Jones and Justice Stephen Higginson.
Host: Prof. Leo Yu, SMU Dedman School of Law
Guest: Prof. Brian Owsley, UNT Dallas School of Law.