It appears that they actually filed, although I haven't yet seen copies of the complaints: http://www.aclu.org/ReproductiveRights/ReproductiveRights.cfm?ID=14274&c=143
----- Original Message ----- From: "James Maule" <[EMAIL PROTECTED]> To: <[EMAIL PROTECTED]> Sent: Friday, October 31, 2003 3:33 PM Subject: Re: Challenging a (presumed) Future Law > Have they actually filed or have they worked a deal with the clerk to > hold the papers and to file them as soon as the clerk gets a phone call > from the attorneys as soon as the bill is signed? If it's the latter, > that's less expensive than having someone stay at the clerk's office > waiting for a "file the papers now" phone call. > > Jim Maule > Professor of Law, Villanova University School of Law > Villanova PA 19085 > [EMAIL PROTECTED] > http://vls.law.vill.edu/prof/maule > President, TaxJEM Inc (computer assisted tax law instruction) > (www.taxjem.com) > Publisher, JEMBook Publishing Co. (www.jembook.com) > Owner/Developer, TaxCruncherPro (www.taxcruncherpro.com) > Maule Family Archivist & Genealogist (www.maulefamily.com) > > > > > >>> [EMAIL PROTECTED] 10/31/2003 3:13:53 PM >>> > Talk about your races to the courthouse -- in this case, before the > fact! > > The ACLU and CPR have each filed suit challenging the constitutionality > of the so-called Partial Birth Abortion Act, which the President has not > yet signed. > http://www.washingtonpost.com/wp-dyn/articles/A47078-2003Oct31.html > > "We want the judge to be in a position to issue an order as soon as the > bill is signed," said one of the attorneys. > > Anyone aware of any precedent for such a preemptive move? I'm fairly > certain no injunction could be issued before the bill becomes law. But > If the President signs the bill, can a court then issue an injunction in > these suits? I would imagine she could, because the originally unripe > suit would have ripened in the interim between the filing of the > complaint and the issuance of the injunction; but I don't think I've > ever seen a case quite like this one.
