On Thursday evening, the Supreme Court denied WWH's request for a writ of mandamus. Now, the case goes to the Texas Supreme Court, which will determine whether the state licensing officials actually have any role to enforce S.B. 8. (I think the answer is no.)
There were three noted dissents. Justice Breyer wrote a dissent, joined by Justices Sotomayor and Kagan. And Justice Sotomayor wrote a dissent, joined by Justices Breyer and Kagan. Both dissents flatly stated that the Fifth Circuit flouted the Supreme Court's order.
Justice Breyer wrote, "the Court of Appeals ignored our judgment."
