The title is becoming commonplace, almost, but what is remarkable about the current decision is that Arizona’s three-judge panel of the Ninth Circuit Court of Appeals took the opportunity in their judgment against Arizona’s off-label restrictions to single out two brethren courts that did not strike down similar legislation. The Fifth Circuit upheld a Texas law and the Sixth Circuit upheld an Oklahoma law, both of which this Ninth Court now cites as “inconsistent with the undue burden test” meaning basically that their decisions break with Supreme Court precedent. This is an outright invitation for the Supreme Court to take up those cases and declare the respective legislative efforts unconstitutional.
Will they do it?
Supreme Court photo thanks to Kjetil Ree
