Problems about judicial review as revealed by Texas SB8 (user search)
       |           

Welcome, Guest. Please login or register.
Did you miss your activation email?
April 28, 2024, 07:27:47 PM
News: Election Simulator 2.0 Released. Senate/Gubernatorial maps, proportional electoral votes, and more - Read more

  Talk Elections
  General Discussion
  Constitution and Law (Moderator: Okay, maybe Mike Johnson is a competent parliamentarian.)
  Problems about judicial review as revealed by Texas SB8 (search mode)
Pages: [1]
Author Topic: Problems about judicial review as revealed by Texas SB8  (Read 324 times)
OSR stands with Israel
Computer89
Atlas Legend
*****
Posts: 44,753


Political Matrix
E: 3.42, S: 2.61

P P P

« on: September 07, 2021, 12:45:01 PM »

Id assume  this case would be against the state of Alabama and particularly the Alabama justice department and not any individual AG. The reason Texas's law didnt get blocked is the state if basically not enforcing the law, as it more or less just got rid of some civil immunity protections
Logged
OSR stands with Israel
Computer89
Atlas Legend
*****
Posts: 44,753


Political Matrix
E: 3.42, S: 2.61

P P P

« Reply #1 on: September 07, 2021, 02:00:02 PM »

1. Can the court enjoin the enforcement arm, the AG's office, rather than limiting it to an individual person?

2. If not, presumably another lawsuit would be filed, and the court would issue an emergency ex parte preliminary injunction against the new AG on the block.

My understanding is only the person sued is enjoined. Otherwise the SB8 lawsuit can be against all the state courts in TX.

The thing is the state courts havent ruled on any cases yet which is why SCOTUS didnt block it
Logged
Pages: [1]  
Jump to:  


Login with username, password and session length

Terms of Service - DMCA Agent and Policy - Privacy Policy and Cookies

Powered by SMF 1.1.21 | SMF © 2015, Simple Machines

Page created in 0.016 seconds with 12 queries.