'It’s still likely that this case makes its way to SCOTUS. But the 5th Circuit’s decision this week proves that the case has both merit and legal justification and that it is far more likely to succeed than the Left would like to think.' -KayleeDMcGhee
pill. There are legitimate criticisms to be made of the plaintiffs’ case, which include questions about the plaintiffs’ standing and whether the statute of limitations for the case has already passed. But the legal theory of the case is by no means extreme or abusive, as evidenced by the 5th U.S. Circuit Court of Appeals's partial denial of the Biden administration’s request for a stay of the district court’s order.
One of the criticisms of Kacsmaryk’s ruling is that these plaintiffs did not have adequate legal standing to bring the case in the first place. But it appears the 5th Circuit is persuaded that they do. This shouldn’t come as a surprise. There is plenty of legal precedent supporting both organizational standing and individual doctors’ ability to bring lawsuits on behalf of patients who are unable, for either physical or psychological reasons, to bring the case themselves.
However, the 5th Circuit does not appear persuaded that plaintiffs filed their case within the statute of limitations, though the panel acknowledged that plaintiffs “might very well prevail” on a full appeal.
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