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Gothmog

(182,462 posts)
7. Injunction is back in effect
Fri May 4, 2012, 06:32 PM
May 2012

A single judge on the Federal court of appeals is not suppose to stay an order of a lower court by himself except in special circumstances. This case did not appear to meet this criterion and it looked like this was a purely political decision by a crazy federal judge. It appears that I was right because a full panel of 5th Cir. judges reinstated the injunction http://www.huffingtonpost.com/huff-wires/20120504/us-texas-women-s-health/?utm_source=facebook&utm_medium=post&utm_content=announce&utm_campaign=ppactionfb

AUSTIN, Texas — A federal appeals court ruled Friday that Texas cannot ban Planned Parenthood from receiving state funds, at least until a lower court has a chance to hear formal arguments.

A three-judge panel of the Fifth Circuit Court of Appeals agreed Friday with a lower court that there's sufficient evidence the state's law preventing Planned Parenthood from participating in the Women's Health Program is unconstitutional. The program provides basic health care and contraception to 130,000 poor women.

District Court Judge Lee Yeakel had issued an injunction keeping Texas from enforcing the law on Tuesday, but Texas Attorney General Greg Abbott appealed to the Fifth Circuit in New Orleans.

On Friday, the court said Texas Attorney General Greg Abbott hadn't shown that Texas would be irreparably harmed by holding off on enforcing the new law until a trial can be held in Austin.
Judge Jerry Smith is a crazy person and I am glad that the injunction was reinstated.

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