The Supremes just partially vacated the Fifth Circuit's ruling, until appeals can proceed. And by "partially," I mean all the parts that anyone cares about.
The Supreme Court's order, which was five sentences long, will allow the clinics to remain open while appeals proceed.
On Oct. 2, the United States Court of Appeals for the Fifth Circuit, in New Orleans, provisionally let stand a Texas law that requires all abortion clinics in the state to meet the standards for "ambulatory surgical centers," including regulations concerning buildings, equipment and staffing.
The Supreme Court vacated the part of the Fifth Circuit's ruling that had let the surgical-center requirement go into effect. It also vacated a second part of the Fifth Circuit's ruling, concerning the law's requirement that doctors performing abortions have admitting privileges at a nearby hospital, as it applied to clinics in McAllen, Tex., and El Paso.
Justices Antonin Scalia, Clarence Thomas and Samuel A. Alito Jr. said they would have allowed the law to be enforced.
Of course they did.