When the U.S. Supreme Court remands a case back to a circuit court, how much room does the circuit court have to "play around"? The Fifth Circuit's response is "a lot".
The U.S. Supreme Court remanded the SB8 case back to the Fifth Circuit and allowed claims against Texas health agencies to proceed. The Fifth Circuit is not pleased. Instead of following the Supreme Court's remand order, the Fifth Circuit certified a question - whether the state health agencies have the enforcement power under SB8 - to the Texas Supreme Court. This new method ignited a lot of fires between Justice Edith Jones and Justice Stephen Higginson.
Host: Prof. Leo Yu, SMU Dedman School of Law
Guest: Prof. Brian Owsley, UNT Dallas School of Law.
Popular Podcasts
Stuff You Should Know
If you've ever wanted to know about champagne, satanism, the Stonewall Uprising, chaos theory, LSD, El Nino, true crime and Rosa Parks, then look no further. Josh and Chuck have you covered.
The Joe Rogan Experience
The official podcast of comedian Joe Rogan.
Two Guys, Five Rings: Matt, Bowen & The Olympics
Two Guys (Bowen Yang and Matt Rogers). Five Rings (you know, from the Olympics logo). One essential podcast for the 2026 Milan-Cortina Winter Olympics. Bowen Yang (SNL, Wicked) and Matt Rogers (Palm Royale, No Good Deed) of Las Culturistas are back for a second season of Two Guys, Five Rings, a collaboration with NBC Sports and iHeartRadio. In this 15-episode event, Bowen and Matt discuss the top storylines, obsess over Italian culture, and find out what really goes on in the Olympic Village.