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Last night's 5th Cir. ruling in Whole Women's Health (ca5.uscourts.gov/opinions/pub/1…) is another example of the phenomenon I tweeted about last week—conservative judges subordinating settled law to their own policy preferences, however compelling they may be.
A quick #thread on why:
A quick #thread on why:
1. The underlying dispute in the case is over a third-party subpoena issued by the plaintiffs (abortion providers) to the Texas Conference of Catholic Bishops (TCCB) as part of their challenge to #SB8. TCCB sought to quash the subpoena, and ultimately lost in the district court.
2. TCCB then sought appellate review of the denial of its motion to quash. Without reaching the merits of its claims that the subpoena violates the First Amendment and the Religious Freedom Restoration Act, Judges Jones and Ho agreed, holding that the subpoena was overbroad...
