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In It to Win It

(12,651 posts)
Thu Aug 17, 2023, 03:49 PM Aug 2023

Trump-Appointed Judge Cites Wildlife Cases As a Reason to Ban Abortion Pills

Trump-Appointed Judge Cites Wildlife Cases As a Reason to Ban Abortion Pills


On Wednesday, the Fifth Circuit Court of Appeals said it would restrict access to the main abortion pill, mifepristone, allowing its use only through seven weeks of pregnancy (down from the current 10) and banning telemedicine prescriptions of it. (None of the proposed changes will take effect until the Supreme Court weighs in on the case.)

But Fifth Circuit Judge James Ho—who was sworn in by Justice Clarence Thomas in GOP megadonor Harlan Crow’s library in 2018—wanted his colleagues go even further. He would have fully reversed the Food and Drug Administration approval of the abortion pill, and he used some uh, wild, reasons to support his argument. Ho wrote in his unhinged concurrence that the plaintiffs, a group of anti-abortion doctors, have standing in the case because they like looking at babies, and the FDA’s approval of the abortion pill deprives them of that right. He cites “aesthetic injury” precedent from past cases involving federal decisions that threatened wildlife and plants:



Ho cites cases including Sierra Club v. Morton from 1972 and Lujan v. Defenders of Wildlife from 1992 and others in which courts granted standing for various parties to sue, like when a government agency allowed more hunting “depleting the supply of animals . . . that . . . [plaintiffs] seek to view,” or an agency authorized the use of pesticides that would harm “beetles and butterflies that plaintiffs intended to view,” or permitting for development that would “diminish the wildlife population visible to [birdwatchers].’”

It’s....pretty close to comparing women and pregnant people to wild animals! And he kept going!



----

I actually meant to include this in a previous post I made about Judge Ho, but I got lazy and left it as-is: DU - Judge James Ho (CA5) is a Clarence Thomas stunt double (re mifepristone case)
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Trump-Appointed Judge Cites Wildlife Cases As a Reason to Ban Abortion Pills (Original Post) In It to Win It Aug 2023 OP
By a reading that, I believe that I have just experienced... dchill Aug 2023 #1
LOL Mad_Machine76 Aug 2023 #7
It's warrants a counter-suit, right? dchill Aug 2023 #21
I agree Mad_Machine76 Aug 2023 #27
That's about the size of it. I was thinking of that raped 13 year old who just gave birth to a boy Hekate Aug 2023 #24
+1 Mad_Machine76 Aug 2023 #30
WTF? sinkingfeeling Aug 2023 #2
WTF? 2naSalit Aug 2023 #3
I experience an aesthetic injury when I see a woman (or child) forced to give birth. Midnight Writer Aug 2023 #4
WTF. Mental maggot. 58Sunliner Aug 2023 #5
huh? Solly Mack Aug 2023 #6
It's more horrible than imagined Nevilledog Aug 2023 #16
Wow. Solly Mack Aug 2023 #23
Had to confirm it's real. It is. Incredible. Hortensis Aug 2023 #8
And judge Ho has a Ginni Thomas lookalike wife MagickMuffin Aug 2023 #17
Worse, she's in the Dallas office of Gibson, Dunn & Crutcher. Hortensis Aug 2023 #19
When "settled law" is no longer a thing gratuitous Aug 2023 #9
Yes Hekate Aug 2023 #25
You left out the part about the Comstock Act. mahatmakanejeeves Aug 2023 #10
I didn't. I made another post for that, which I linked in the OP In It to Win It Aug 2023 #11
Mea culpa. Clearly there was too much illogic for only one thread. Thanks. NT mahatmakanejeeves Aug 2023 #14
Tell me about it! In It to Win It Aug 2023 #15
"On-point" seems too difficult an idea for some people struggle4progress Aug 2023 #12
So...women are a separate species? OK, then! Maeve Aug 2023 #13
That is not going to age well. KentuckyWoman Aug 2023 #18
For them, it doesn't need to age well as long as accomplishes the goal In It to Win It Aug 2023 #20
We are in dire need of a judicial housecleaning. Hermit-The-Prog Aug 2023 #22
from the lawfirm of Just, Make, Shit & Up Takket Aug 2023 #26
So.... purr-rat beauty Aug 2023 #28
This is beyond nuts edisdead Aug 2023 #29

Hekate

(100,133 posts)
24. That's about the size of it. I was thinking of that raped 13 year old who just gave birth to a boy
Thu Aug 17, 2023, 07:02 PM
Aug 2023

…nicknamed Peanut. She’s supposed to enter 7th grade in a few weeks. From the description I read, she and her family are expressing all kinds of overwhelming aesthetic pleasure every time they look at that kid.

Have I mentioned today just how much I hate American right wingers?


Solly Mack

(96,943 posts)
23. Wow.
Thu Aug 17, 2023, 06:51 PM
Aug 2023

I enjoy seeing conservatives tarred and feathered. I'm being harmed. (since no one is tarring and feathering them)

Hortensis

(58,785 posts)
8. Had to confirm it's real. It is. Incredible.
Thu Aug 17, 2023, 04:26 PM
Aug 2023

The parallel is in claiming the legal precedent. Fetuses are to doctors and presumably future passersby who would have enjoyed coochy-cooing at them in parks as birds are to those who'd enjoy "oh-looking" at them.

ProPublica and others confirmed Ho's swearing in by Thomas in Harlan Crow's Dallas library some time ago.
So did Cancun Cruz proudly at the time, though he didn't mention where this photo was taken.

Honored to attend Jim Ho's swearing in to the Fifth Circuit Court of Appeals today, alongside Justice Clarence Thomas & Judge Jerry Smith. I am confident my good friend Jim will be an extraordinary appellate judge and a principled jurist faithful to the law.


Eric Segall's post: "Quite possibly the two worst judges in America and the worst Senator. Ho, Thomas, and Cruz all together in one GOP photo shoot brought to you by a huge GOP donor."

Hortensis

(58,785 posts)
19. Worse, she's in the Dallas office of Gibson, Dunn & Crutcher.
Thu Aug 17, 2023, 05:11 PM
Aug 2023

The big, high-stakes cases she's been successfully involved in would make a good horror movie for liberals, once they were culled down to a dozen or so of the most hair-raising.

gratuitous

(82,849 posts)
9. When "settled law" is no longer a thing
Thu Aug 17, 2023, 04:28 PM
Aug 2023

Judges can make up any old crap they want in service of reverse-engineering the desired result. Whether it's stove-piping the concept of "aesthetic injury" or the written rantings of a medieval witch hunter, it's all part of jurisprudence in these here United States.

mahatmakanejeeves

(69,854 posts)
10. You left out the part about the Comstock Act.
Thu Aug 17, 2023, 04:39 PM
Aug 2023

Ho didn't. It starts on page 65.

https://storage.courtlistener.com/recap/gov.uscourts.ca5.213145/gov.uscourts.ca5.213145.543.1_1.pdf

The next page gives us this gem:

By the standards of history and tradition, the harm to conscience that Plaintiffs suffer is a paradigmatically cognizable injury.

If Strunk and White were alive today ...

In It to Win It

(12,651 posts)
15. Tell me about it!
Thu Aug 17, 2023, 04:48 PM
Aug 2023

It was a very depressing read.

I was sighing just about after every paragraph.

KentuckyWoman

(7,401 posts)
18. That is not going to age well.
Thu Aug 17, 2023, 05:02 PM
Aug 2023

The whole point of anti-abortion laws is that an unborn human child is also a child of God. The assumption is there is a big difference between managing animal procreation and human procreation. ... Completely different than eating eggs (chicken abortion technically speaking).

If the GOP wants to jump in with this pile of hot mess then it's going to back fire. Because either all living beings are divine or humans aren't. We either all go vegan or we accept people are just "meat".

This is absurd.

purr-rat beauty

(1,257 posts)
28. So....
Sat Aug 19, 2023, 12:03 PM
Aug 2023

in the wild, the injured, ill, and meek are left for predators.

can we just leave babies all over the place to let nature take it's course?

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