In this episode, we talked about the Fifth Circuit's rulings on Texas's controversial legislation, the SB8. SB8 makes every woman who seeks abortion "sui-able" by any private citizen for damages over 10,000, and attorneys' fees. The Fifth Circuit refused to stay the enforcement of SB8, based on a classic Article III standing argument, which is the lack of enforcement connection with the defendants.
We also talked about the Fifth Circuit's dynamic after the confirmation of Justice Barrett, and the "audition" process for circuit justices who aim for the Supreme Court Justice position.
Speakers:
Prof. Leo Yu, Clinical Professor of Southern Methodist University, Dedman School of Law
Prof. Brian Owsley, Associate Professor of the University of North Texas, Dallas College of Law