Pubblicato in: Devoluzione socialismo, Giustizia, Stati Uniti

US Supreme Court. Negato il ‘mandamus’ agli abortisti del Texas. Sconfitta per Biden.

Giuseppe Sandro Mela.

2022-01-24.

2022-01-22__ Supreme Court 001

«The petition for a writ of mandamus is denied»

«The Court of Appeals ignored our judgment»

La Suprema Corte degli Stati Uniti ha negato la richiesta pro aborto del Texas di rimandare immediatamente il loro caso contro la severa legge statale sull’aborto a un tribunale inferiore.

Opinions Relating to Orders – 2021

Qui si trova il testo della sentenza 595 U. S. 21-962 (2022).

https://www.supremecourt.gov/opinions/21pdf/21-962_n6io.pdf.

* * * * * * *

«The Supreme Court denied a request from Texas abortion providers to immediately send their case challenging the state’s strict abortion law back to a lower court»

«Doing so likely would have allowed the abortion providers and advocates to proceed more quickly with their case against the law, which bans most abortions in Texas after as early as six weeks of pregnancy. Instead, the ruling is likely to prolong the legal battle»

«On Monday, the U.S. Court of Appeals for the 5th Circuit sent the case to the Republican-controlled Texas Supreme Court, and it is unclear how soon that court will take it up»

«The U.S. Supreme Court’s Thursday afternoon order denied the abortion providers’ request to compel the 5th Circuit to return the case to the district court»

* * * * * * *

«The petition for a writ of mandamus is denied»

Ricordiamo quale sia il significato del termine americano ‘mandamus’.

«A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion.  According to the U.S. Attorney Office, “Mandamus is an extraordinary remedy, which should only be used in exceptional circumstances of peculiar emergency or public importance.”

Mandamus at the Federal Level.

In the federal courts, these orders most frequently appear when a party to a suit wants to appeal a judge’s decision but is blocked by rules against interlocutory appeals. Instead of appealing directly, the party simply sues the judge, seeking a mandamus compelling the judge to correct his earlier mistake. Generally, this type of indirect appeal is only available if the party has no alternative means of seeking review.

The All Writs Act gave the “Supreme Court and all courts established by Act of Congress” the authority to issue writs of mandamus “in aid of their respective jurisdictions and agreeable to the usages and principles of law.”»

* * * * * * *

In questo caso, la Suprema Corte ha disposto che la petizione per ottenere un mandamus sia inconsistente da un punto di vista costituzionale.

US Supreme Court deals another blow to opponents of Texas abortion law

«The conservative-leaning US Supreme Court dealt another blow on Thursday to opponents of a Texas law that bans most abortions after six weeks of pregnancy.

The court, in a 6-3 decision, rejected a request by abortion providers to have the case sent to a district judge who had previously moved to block the Texas law.

Instead, the case will remain with the conservative 5th Circuit Court of Appeals.

The majority did not provide any comment on their decision but the three liberal justices on the nation’s highest court penned a scathing dissent.»

* * * * * * *


Supreme Court deals a setback to abortion providers’ bid to quickly block Texas law.

– The Supreme Court denied a request from Texas abortion providers to immediately send their case challenging the state’s strict abortion law back to a lower court.

– “The Court may look the other way, but I cannot,” Justice Sonia Sotomayor wrote in a fiery dissent, joined by the two other liberal justices, Stephen Breyer and Elena Kagan.

* * * * * * *

The Supreme Court on Thursday denied a request from Texas abortion providers to immediately send their case challenging the state’s strict abortion law back to a lower court.

Doing so likely would have allowed the abortion providers and advocates to proceed more quickly with their case against the law, which bans most abortions in Texas after as early as six weeks of pregnancy. Instead, the ruling is likely to prolong the legal battle.

The high court in December said that a lawsuit against the ban could proceed, while keeping the law in effect.

Opponents of the ban wanted the case to return to a federal district court. On Monday, the U.S. Court of Appeals for the 5th Circuit sent the case to the Republican-controlled Texas Supreme Court, and it is unclear how soon that court will take it up.

The U.S. Supreme Court’s Thursday afternoon order denied the abortion providers’ request to compel the 5th Circuit to return the case to the district court.

The three liberal justices on the nine-member bench dissented to the order.

“Instead of stopping a Fifth Circuit panel from indulging Texas’ newest delay tactics, the Court allows the State yet again to extend the deprivation of the federal constitutional rights of its citizens through procedural manipulation,” Justice Sonia Sotomayor wrote in her dissent, joined by Justices Stephen Breyer and Elena Kagan.

“The Court may look the other way, but I cannot,” Sotomayor wrote.

Un pensiero riguardo “US Supreme Court. Negato il ‘mandamus’ agli abortisti del Texas. Sconfitta per Biden.

I commenti sono chiusi.