"If you are confused by this morass of procedural aggression, countermeasures to procedural aggression, dueling appeals, and court orders forbidding other court orders, you should be. This is not how the judiciary is supposed to function. Litigants who face an imminent risk of harm unless a state law is blocked should be given an opportunity to challenge that law before they violate it and risk legal consequences. Appeals courts should wait for lower courts to decide a case before they reach a different conclusion than the lower court might reach. Doctors who provide medical care that, at least for the time being, is still protected by decisions like Roe and Casey should not risk an unending wave of harassing lawsuits brought by people seeking to collect a bounty. And yet, the justices effectively rewrote the nation’s abortion jurisprudence without receiving full briefing, hearing oral argument, or taking more than a couple of days to even consider the case. Just as significantly, blessed a tactic that could be used to undermine virtually any constitutional right. Imagine, for example, that New York passed an SB 8-style law allowing private individuals to bring lawsuits seeking a $10,000 bounty against anyone who owns a gun. Or, for that matter, imagine if Texas passed a law permitting similar suits against anyone who criticizes the governor of Texas."

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Added on April 10, 2026
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Original Language: English