.@sarahkliff @nicholas_bagley might be able to help. @UM_IHPI
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Ah yes! Nick, let me know if you are free :)
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Sure -- can talk later this afternoon (after 1:30 or so). But
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Sarah, it's automatic and virtually immediate. Let me know if you need more.
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OMG the answer involves half of the first year of law school.
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technically, opinions apply only to case. Other litigants will have to challenge other statutes arguing same principles apply.
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Challenges to other state regs will go up through fed district then circuit courts. Assuming similar statute & no split, 1-3 yrs
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federal issue decided by SCOTUS is biding on all lower cts, just a matter of bring a case in fed dist ct challenging other TRAPs
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if suits are already pending, action will be quick - within a month, maybe two. if new suits need to be filed, a ~year-ish
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Not related to your topic, but same thot process: when will Bob McDonnell's conviction overturn be applied to Don Siegelman?
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So the decision applies immediately across the land. That doesn't mean states won't continue to obstruct.
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Ginsberg TRAP "laws that do little or nothing for health but rather strew impediments to abortion, can't survive jud inspect.”
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TRAP (Targeted Regulation of Abortion Providers) laws which contradict Roe v. Wade & Planned Parenthood v. Casey, won't B ok'd
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the court has clarified what constitutes an "undue burden" on abortion access for women in states outside the Fifth Circuit.
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Theoretically, this is a fact-based inquiry into burden vs. benefits of the law, so any state's law needs its own challenge
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That said, Court gave a strong signal today, so challengers in other states can file for preliminary injunctions...
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...where a key criterion is "likelihood of success on the merits." So, its a matter of filing, briefing, and arguing those PIs
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