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MSNBC Jose Diaz-Balart Reports November 1, 2021 14:49:00

Courts. there is still preenforcement review, i might note. there are currently 14 preenforcement review challenges pending in a travis county state court. so to speak to specifically your concern about federal court preenforcement access, no, that wouldn t change the article iii or sovereign immunity doctrines in play here. and that may have well be a reason that congress could be moved to expand access to the federal courts, either through the ordinary course or by using their section v powers under the 14th amount. even if the amount of the sanction i agree with you, $1 million would be tremendous. we could increase it further. no number would suddenly cause the federal courts to become more open. sst not a question of the federal courts being more open, it s a question of anyone having the capacity or the ability to go to the federal court, because nobody is going to risk violating the statute, because they ll be subject to suit for $1 million. that takes a lot of fortitude to ....

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MSNBC Jose Diaz-Balart Reports November 1, 2021 14:19:00

It s an enforcer, being used as an enforcer. i agree with that, your honor. but your honor, here, the point is that regardless of the outcome of the case, it is the threat of filing an unlimited number of cases in counties all across the state where there is no preclusive effect, and where the state has even made it where are difficult to get an attorney, by making attorneys liable for fees for the other side s fees. mr. hearron all of that creates a threat keep going, i m sorry. the combination of all of those factors together creates a chilling effect and that under this court s presence is an irreparable injury. can we talk about ex parte young a little bit. you make the point correctly, that usually, you can get preenforcement review in federal court when it s enforced, a law is enforced by a state ....

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MSNBC Craig Melvin Reports November 1, 2021 15:11:00

Federal court? my answer is on whether or not federal court is available does not turn or not nature of the right. we can put in religious liberties? we can assume this will be across the board equally applicable as the firearms policy coalition says to all constitutional rights? yes, but i d add one more point. and you ve also said the amount of the penalty doesn t matter. a million dollars per sale. anyone a state passes a law, anyone who declines to provide a gooder service for use in the same sex marriage, a million dollars is sued by anyone in the state. that s exempt from preenforcement review? again, what we d have to have is that a yes? yes, i m sorry. yes, that s exempt from preenforce. in the sense of federal courts doctrines and congress and statutes to fighting jurisdiction in the federal courts would have to be modified by congress. and general stone, your answer to justice kavanaugh which is go ask congress, i ....

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MSNBCW Jose Diaz-Balart Reports November 1, 2021

0 weeks. lindsey? gabe gutierrez, thank you. and in just seconds, we ll take you inside the supreme court to hear arguments in two challenges to the texas abortion law. i m lindsey reiser in for stephanie ruhle. jose diaz-balart picks up the coverage right now. good morning. it s 10:00 a.m. eastern, 7:00 a.m. pacific. i m jose diaz-balart. and we begin with something that hasn t happened before. for the first time ever, msnbc will bring you live oral arguments from the u.s. supreme court as it takes up two cases stemming from the controversial texas abortion law. this will be audio only, as the supreme court does not allow television cameras. the first case is whole women s health versus jackson. it was filed by abortion providers, challenging a law that effectively bans abortions in texas and shifts enforcement from the state to private citizens who can sue anyone seeking an abortion or anyone who helps a woman obtain one. with me now so break this all down, nbc news corresponde ....

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