The Volokh Conspiracy

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Breaking: Motions Panel Grants Temporary Administrative Stay of S.B. 8 Ruling

United States directed to file response by Tuesday


This evening, a Fifth Circuit motions panel (Stewart, Haynes, and Ho) granted a temporary administrative stay of the S.B. 8 ruling. This ruling came a few hours after Texas filed the emergency motion with the court of appeals.

The United States was directed to file a response by Tuesday, October 12 at 5 pm. Presumably, the temporary administrative stay will last at least that long, if not longer.

As of now, S.B. 8 is back in effect. Clinics that performed abortions over the past 48 hours may face liability in future suits.