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mahatmakanejeeves

(69,609 posts)
Thu Jun 13, 2024, 10:07 AM Jun 2024

Supreme Court Upholds Full Access to Mifepristone Abortion Pill

Source: Bloomberg Law

June 13, 2024, 10:03 AM EDT
Supreme Court Upholds Full Access to Mifepristone Abortion Pill

Greg Stohr
Bloomberg News

The US Supreme Court preserved full access to a widely used abortion pill in a case that carried major stakes for reproductive rights and election-year politics.

The court unanimously overturned a federal appeals ruling that would have barred mail-order prescriptions for mifepristone, the drug now used in more than half of US abortions. The lower court ruling would have reduced abortion access even in states where reproductive rights have broad support.

The court stopped short of affirming Food and Drug Administration decisions to loosen restrictions on mifepristone starting in 2016. The majority instead said the anti-abortion doctors and organizations that sued lacked legal "standing" because they aren't directly affected by the FDA's actions.

To contact the reporter on this story:
Greg Stohr in Washington at gstohr@bloomberg.net

To contact the editor responsible for this story:
Elizabeth Wasserman at ewasserman2@bloomberg.net

2024 Bloomberg L.P. All rights reserved. Used with permission.

Read more: https://news.bloomberglaw.com/pharma-and-life-sciences/supreme-court-upholds-full-access-to-mifepristone-abortion-pill



SCOTUSblog had the news, but it took a while for me to find a news source with the story.

It looks as if it landed everywhere simultaneously.

>>>>>
Ellena Erskine
Mod
10:07 AM

Here is the opinion: https://www.supremecourt.gov/opinions/23pdf/23-235_n7ip.pdf
>>>>>

95 replies = new reply since forum marked as read
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Supreme Court Upholds Full Access to Mifepristone Abortion Pill (Original Post) mahatmakanejeeves Jun 2024 OP
Hallelujah ! sinkingfeeling Jun 2024 #1
What,.. did Chief Justice Roberts make Alito gulp down a clump of dog shit ? magicarpet Jun 2024 #60
Don't forget his harridan wifey wolfie001 Jun 2024 #65
BREAKING: Supreme Court rejects bid to restrict access to abortion pill. LetMyPeopleVote Jun 2024 #2
My laptop was moving slow trying to post BumRushDaShow Jun 2024 #3
SCOTUSblog had the story out, but no one had it online yet. mahatmakanejeeves Jun 2024 #5
Yup but I did get an alert on the iPad from AP first BumRushDaShow Jun 2024 #9
I was trying CNN, CNBC, and Google News. mahatmakanejeeves Jun 2024 #12
I think the Bloombergs give you a "free" view or two before they paywall BumRushDaShow Jun 2024 #21
Absolutely. All this means is the current extremist arguments do not hold. It leaves open that JohnSJ Jun 2024 #32
We are definitely standing on a precipice, no doubt. BumRushDaShow Jun 2024 #39
Sure, but this ruling also doesn't stop individual states from banning it I JohnSJ Jun 2024 #52
That might be challenged BumRushDaShow Jun 2024 #54
yes, it is far from over JohnSJ Jun 2024 #55
Exactly DENVERPOPS Jun 2024 #75
Ah....... LeftInTX Jun 2024 #45
They absolutely didn't have standing. ShazzieB Jun 2024 #90
Agree Biglinda 52 Jun 2024 #95
I smell a rat. lark Jun 2024 #4
Exactly. If Donny wins they will do whatever their BlueKota Jun 2024 #8
And, in doing that, he'll make sure to profit from it! BComplex Jun 2024 #70
No he doesn't BlueKota Jun 2024 #71
But MOMFUDSKI Jun 2024 #13
Gotta throw a blanket on the celebrations though AZSkiffyGeek Jun 2024 #19
We're Democrats. We learn from history. Scrivener7 Jun 2024 #33
Can we move to cautiously optimistic? nt Shermann Jun 2024 #51
Does history teach you to do that? You be you. Scrivener7 Jun 2024 #68
when it comes to the current scotus quakerboy Jun 2024 #84
Yes, as my husband just reminded me, this is good news for today. lark Jun 2024 #27
I was about to post the same thing. There is a big catch somewhere. Irish_Dem Jun 2024 #53
Can't wait to read the ruling! MissMillie Jun 2024 #6
It was a unanimous decision. mahatmakanejeeves Jun 2024 #14
That's right. I just read too quickly. MissMillie Jun 2024 #17
Understandably. The story is moving pretty quickly. Lots to digest all at once. mahatmakanejeeves Jun 2024 #18
Sounds like it's the Thomas concurrence that needs a close reading, IMO ms liberty Jun 2024 #31
I gave it a skim and it's...what you'd expect it to be. sir pball Jun 2024 #46
This message was self-deleted by its author mahatmakanejeeves Jun 2024 #15
The plaintiffs in the Mifepristone case lack standing, the Supreme Court rules. LetMyPeopleVote Jun 2024 #7
Supreme Court rejects mifepristone abortion pill challenge on standing grounds LetMyPeopleVote Jun 2024 #10
Danco Laboratories - manufacturers of Mifeprex FakeNoose Jun 2024 #11
So basically ScratchCat Jun 2024 #16
I think that's right Unwind Your Mind Jun 2024 #24
If the SCOTUS had ruled with that appeals court BumRushDaShow Jun 2024 #26
ONLY because the doctors did not have standing Novara Jun 2024 #20
Most cases from Kacsmaryk (sic?) and 5th Court of Appeals are BS. LeftInTX Jun 2024 #47
Yep. The courts are on the ballot this November. Novara Jun 2024 #56
it will be hard to GET "standing". Approved drugs have side effects that are listed oldsoftie Jun 2024 #59
True. But they're not done. Novara Jun 2024 #63
I hope women's rights supporters outnumber the inflation/border voters. oldsoftie Jun 2024 #74
Pissed off women are not going away any time soon. Novara Jun 2024 #77
Comstock act slightlv Jun 2024 #86
I agree. That's what they're going for. Novara Jun 2024 #92
I guess we can say they're progressing? slightlv Jun 2024 #93
After the election, the Right will find someone with a more solid standing claim Tom Rinaldo Jun 2024 #22
As their opinion points out, the plaintiffs had no standing. They never should have agreed to accept the case. PSPS Jun 2024 #23
Who is "they"? onenote Jun 2024 #25
Except the SC could have stated that they had NO STANDING and bluestarone Jun 2024 #80
They needed to grant cert. Otherwise they couldn't do anything. onenote Jun 2024 #91
Those doctors need to be blackballed LiberalFighter Jun 2024 #28
yes; what ELSE are they against? "First, do no harm..." nt oldsoftie Jun 2024 #61
Huh, I guess amy conan watzername... Think. Again. Jun 2024 #29
I don't remember people being so negative when the Court rejected the Texas election challenge on standing onenote Jun 2024 #30
Because it isn't a win, it is just a reprieve. No one should forget what they did with Dobbs. Different arguments, JohnSJ Jun 2024 #35
Make no mistake about it, all this is, is a reprieve. A republican congress and trump in the WH can undo it in a JohnSJ Jun 2024 #34
There wont/wouldnt be a big enough majority to pass. Especially in the Senate. oldsoftie Jun 2024 #62
All they would need to do is get rid of the filibuster, or a trump presidency doing an executive order. JohnSJ Jun 2024 #64
I think even THIS Court would balk at an EO. They've done it before on less. oldsoftie Jun 2024 #73
Getting rid of the filibuster would be up to the Senate republicans, not the SC, and the fact that they removed the JohnSJ Jun 2024 #76
"....didn't have standing," right? jaxexpat Jun 2024 #36
Two lower courts had held the doctors had standing. So if the court really wanted to find standing, they could have onenote Jun 2024 #40
It is a curious thing, our USSC. jaxexpat Jun 2024 #44
Check their stock portfolios. usonian Jun 2024 #37
147 republicans in Congress begged the court to ban the drug and told women to go to hell. LetMyPeopleVote Jun 2024 #38
Supreme failure and betrayal delayed for another day. nt hay rick Jun 2024 #41
The SCOTUS version of delay. Raven123 Jun 2024 #42
But who could have standing? Johnny2X2X Jun 2024 #67
Well, that was a shocker! So unexpected, that now I'm suspicious. surfered Jun 2024 #43
Good, But... GB_RN Jun 2024 #48
Can it be mailed to Texas? LeftInTX Jun 2024 #49
MAGA is going to be BUTT hurt ... aggiesal Jun 2024 #50
Take that you little weasel SARose Jun 2024 #57
So they used a cowards way out to get to a proper ruling. bullimiami Jun 2024 #58
For now Hekate Jun 2024 #66
Color me pleasantly surprised. calimary Jun 2024 #69
I feel stupid. what does this decision mean for Lower courts? SleeplessinSoCal Jun 2024 #72
I didn't expect a unanimous decision Deep State Witch Jun 2024 #78
"The court stopped short of affirming Food and Drug Administration decisions to loosen restrictions on mifepristone..." J_William_Ryan Jun 2024 #79
My take Scalded Nun Jun 2024 #81
Anti choicers will have a stroke Demovictory9 Jun 2024 #82
The claim the doctors were making was...strange jmowreader Jun 2024 #83
The threat remains CousinIT Jun 2024 #85
A bridge too far even for this SCOTUS. Martin68 Jun 2024 #87
Statement from President Joe Biden on Supreme Court Decision on FDA v. Alliance for Hippocratic Medicine LetMyPeopleVote Jun 2024 #88
I am astounded...in the BEST possible way! ShazzieB Jun 2024 #89
What the Supreme Court decision means for abortion pill access mahatmakanejeeves Jun 2024 #94

mahatmakanejeeves

(69,609 posts)
5. SCOTUSblog had the story out, but no one had it online yet.
Thu Jun 13, 2024, 10:12 AM
Jun 2024

I was just like you, hitting everyone trying to find it.

And good morning.

BumRushDaShow

(169,261 posts)
9. Yup but I did get an alert on the iPad from AP first
Thu Jun 13, 2024, 10:15 AM
Jun 2024

and trying to find the story on their website is a nightmare so a quick search came up with a NBC News story that I posted (and self-deleted ).

And a Good (PPI is down) morning!

mahatmakanejeeves

(69,609 posts)
12. I was trying CNN, CNBC, and Google News.
Thu Jun 13, 2024, 10:23 AM
Jun 2024

Google News came up with Bloomberg Law. At first, I could get the entire (short) writeup. Now it's behind a paywall.

 

JohnSJ

(98,883 posts)
32. Absolutely. All this means is the current extremist arguments do not hold. It leaves open that
Thu Jun 13, 2024, 11:00 AM
Jun 2024

different arguments may be allowed with "better" plaintiffs, if they can show "harm". It also allows leaves open what different states may try to do. Anti-abortionist extremists' are not going to stop on this. Keep in mind that Thomas and other right wing judges on the court leave this open to other arguments.

No one should assume this decision means abortion access is safe, and the upcoming Idaho Emergency Department case will be very interesting.

Also, if republicans gain the majority in Congress and trump occupies the WH again, make no mistake about it, this ruling can be neutralized with a different approach, Congressional Action or Executive Order.

BumRushDaShow

(169,261 posts)
39. We are definitely standing on a precipice, no doubt.
Thu Jun 13, 2024, 11:17 AM
Jun 2024

But then some of their other arguments could backfire on them since they like to cherry-pick what they think "big government" is and should do.

 

JohnSJ

(98,883 posts)
52. Sure, but this ruling also doesn't stop individual states from banning it I
Thu Jun 13, 2024, 12:11 PM
Jun 2024

believe.

DENVERPOPS

(13,003 posts)
75. Exactly
Thu Jun 13, 2024, 01:45 PM
Jun 2024

let's see what the Supremes rule after they "install" Trump this fall. Much like what the three appointees of Trump said during hearings, and once installed, went 180 degrees the next day. Everything the three of them said was an outright lie......

I have to think that the conservative USSC justices won't do anything to cause Trump to lose votes, until after the Election. Then, like we have witnessed in the past, they will go all in, like never before with a conservative ruling on every single thing in front of their court, and countless ones we haven't even heard about yet........It's this group of USSC justices, Method of Operation that they have already shown, over and over since the 2000 election.......And Citizens United in 2010, which was the kiss of death for the future Democracy of our Beloved United States and Democracy....

I sadly predict that what we will see on November 5th and 6th, will be unlike anything we have seen in the entire history of our nation. Including the Revolutionary War and the Civil War...........

Katie Bar The Door, folks........


LeftInTX

(34,207 posts)
45. Ah.......
Thu Jun 13, 2024, 11:49 AM
Jun 2024

Bet it was, Kazmarack, (sic), 5th Ct of Appeals, crazy poorly written, etc...???

Maybe the plaintiffs didn't have standing. (Haven't read the case. On my way out today)

ShazzieB

(22,550 posts)
90. They absolutely didn't have standing.
Thu Jun 13, 2024, 05:21 PM
Jun 2024

That's what all the legal experts have been saying on TV ever since this thing hit the fan. The decision itself lays that out clearly:

Held: Plaintiffs lack Article III standing to challenge FDA’s actions regarding the regulation of mifepristone. Pp. 5–25.

(a) Article III standing is a “bedrock constitutional requirement that this Court has applied to all manner of important disputes.” United States v. Texas, 599 U. S. 670, 675. Standing is “built on a single basic idea—the idea of separation of powers.” Ibid. Article III confines the jurisdiction of federal courts to “Cases” and “Controversies.” Federal courts do not operate as an open forum for citizens “to press general complaints about the way in which government goes about its business.” Allen v. Wright, 468 U. S. 737, 760. To obtain a judicial determination of what the governing law is, a plaintiff must have a “personal stake” in the dispute. TransUnion LLC v. Ramirez, 594 U. S. 413, 423.

To establish standing, a plaintiff must demonstrate (i) that she has
suffered or likely will suffer an injury in fact, (ii) that the injury likely
was caused or will be caused by the defendant, and (iii) that the injury likely would be redressed by the requested judicial relief.

Lots more legalese follows, of course. I copied and pasted only a minimal amout, but you get the idea.

Biglinda 52

(129 posts)
95. Agree
Fri Jun 14, 2024, 10:07 AM
Jun 2024

This was just done because of the election and for down ballot republicans. We all know the six members of SCOTUS lie. They did this thinking it will help elect the GOP. If they gain power, they will change their mind. LIES = GOP. We need to remember this.

lark

(26,068 posts)
4. I smell a rat.
Thu Jun 13, 2024, 10:11 AM
Jun 2024

Alito and Thomas would only get rid of this via standing, otherwise they would have voted to limit mifepristone and really hurt the repug party. They didn't want to tip their hand until tcf is president, which is what they are trying to make happen, and then they can kill this and the fda at one shot.

edit: fixd typo

AZSkiffyGeek

(12,744 posts)
19. Gotta throw a blanket on the celebrations though
Thu Jun 13, 2024, 10:30 AM
Jun 2024

We're Democrats, can't let any good news get shared.

Scrivener7

(59,426 posts)
33. We're Democrats. We learn from history.
Thu Jun 13, 2024, 11:01 AM
Jun 2024

And are appropriately cautious.

It's a feature, not a bug.

quakerboy

(14,856 posts)
84. when it comes to the current scotus
Thu Jun 13, 2024, 03:17 PM
Jun 2024

Optimistic is not what comes to my mind. Cautious, sure. Suspicious, definitely.

lark

(26,068 posts)
27. Yes, as my husband just reminded me, this is good news for today.
Thu Jun 13, 2024, 10:43 AM
Jun 2024

I worry so much about the future, but do take the victory for today as it is a major victory for women to continue to have this access.

Irish_Dem

(81,105 posts)
53. I was about to post the same thing. There is a big catch somewhere.
Thu Jun 13, 2024, 12:13 PM
Jun 2024

Pretending to do the right thing before the election.

Then bam, they will do something bad later on regarding this drug.


Women need to start stockpiling this drug if they can.

MissMillie

(39,640 posts)
17. That's right. I just read too quickly.
Thu Jun 13, 2024, 10:27 AM
Jun 2024

Somehow I my brain saw "ununanimous."

I hope this isn't an indication that I need a 4th cup of coffee in the morning. lol

mahatmakanejeeves

(69,609 posts)
18. Understandably. The story is moving pretty quickly. Lots to digest all at once.
Thu Jun 13, 2024, 10:29 AM
Jun 2024

And good morning.

ms liberty

(11,218 posts)
31. Sounds like it's the Thomas concurrence that needs a close reading, IMO
Thu Jun 13, 2024, 10:58 AM
Jun 2024

He likes to troll the libs and telegraph what he wants to see in a future case.
Good golly I despise that man.

sir pball

(5,340 posts)
46. I gave it a skim and it's...what you'd expect it to be.
Thu Jun 13, 2024, 11:57 AM
Jun 2024

He wholesale rejects associational standing, the concept that a group can sue because one member was injured. The Alliance for Hippocratic Medicine can't act on behalf of their members…but according to him, neither can Planned Parenthood or labor unions.

Only individual persons directly injured have standing; if a group wants to sue it needs to be class-action, not associational. It's not great.

Response to MissMillie (Reply #6)

LetMyPeopleVote

(179,352 posts)
7. The plaintiffs in the Mifepristone case lack standing, the Supreme Court rules.
Thu Jun 13, 2024, 10:14 AM
Jun 2024

The requirement of standing is important



LetMyPeopleVote

(179,352 posts)
10. Supreme Court rejects mifepristone abortion pill challenge on standing grounds
Thu Jun 13, 2024, 10:19 AM
Jun 2024

I really like the Deadline Legal blog
Extreme rulings by Republican-appointed judges at all levels of the judiciary imperiled the availability of the widely used abortion drug.



https://www.msnbc.com/deadline-white-house/deadline-legal-blog/supreme-court-abortion-pill-mifepristone-ruling-rcna155625

The Supreme Court has ruled on the closely watched mifepristone appeal, holding that the anti-abortion challengers lack legal standing to bring their lawsuit, Justice Brett Kavanaugh wrote in a unanimous opinion for the court.

At issue was whether the anti-abortion doctors and groups who brought the challenge had legal standing to do so, as well as the legality of Food and Drug Administration actions that expanded access to the widely used pill.

The high court’s hearing in March revealed skepticism from the justices on the first point, suggesting that the court might reject the lawsuit on standing grounds.

The case stemmed from last year’s unprecedented action by U.S. District Judge Matthew Kacsmaryk in Texas, a Trump appointee who sought to undo the drug’s 2000 approval by the FDA. The 5th U.S. Circuit Court of Appeals narrowed Kacsmaryk’s ruling but upheld restrictions on pill access, including by mail.

The lower court ruling has been on hold while litigation played out. The Biden administration told the justices who overturned Roe v. Wade that, if the ruling were to take effect, then that would “upend the regulatory regime for mifepristone, with damaging consequences for women seeking lawful abortions and a healthcare system that relies on the availability of the drug under the current conditions of use.”

FakeNoose

(41,465 posts)
11. Danco Laboratories - manufacturers of Mifeprex
Thu Jun 13, 2024, 10:22 AM
Jun 2024

... is back in business! This question should never have gone before SCOTUS anyway.

ScratchCat

(2,736 posts)
16. So basically
Thu Jun 13, 2024, 10:26 AM
Jun 2024

Nobody would have standing to sue on this issue if I understand this correctly, right? There would be no party affected by the FDA's actions. It would be no different than you or me trying to sue to stop the production of any drug I don't want someone else to take.

BumRushDaShow

(169,261 posts)
26. If the SCOTUS had ruled with that appeals court
Thu Jun 13, 2024, 10:43 AM
Jun 2024

it would have upended the "Supremacy Clause" and put FDA out of the business of regulating drugs.

Just. Because.

And then that would have opened the door to eliminating EVERY OTHER federal regulatory agency that "someone" doesn't like.

And the bizarre thing about that is these are all part of the "Executive Branch" where many GOP want a "unitary Executive" with a dictator. But rulings that remove an agency's Congressionally-designated authorities would essentially eliminate those agencies from the Executive Branch leaving just the head of it.

Novara

(6,115 posts)
20. ONLY because the doctors did not have standing
Thu Jun 13, 2024, 10:31 AM
Jun 2024

You know those motherfuckers are now desperately trying to find someone with standing to successfully sue. And I'll bet the opinion gives them a roadmap.

It should have never gotten this far - the case was bullshit from the start. The doctors group had no standing and could not be harmed by the availability of the drug.

You can be sure this fight isn't over.

Novara

(6,115 posts)
56. Yep. The courts are on the ballot this November.
Thu Jun 13, 2024, 12:18 PM
Jun 2024

Never forget it. That kind of bullshit is what happens - republicans elevating complete political hacks to the benches.

 

oldsoftie

(13,538 posts)
59. it will be hard to GET "standing". Approved drugs have side effects that are listed
Thu Jun 13, 2024, 12:19 PM
Jun 2024

You'd need a class action, IMO, to get anywhere. Because you'd have to show the "injured parties" numbered far more than the warnings that the drug came with showed may happen. Thats how Phen-Phen got the boot. And others.
But they wont be able to find that group because they dont exist.

Novara

(6,115 posts)
63. True. But they're not done.
Thu Jun 13, 2024, 12:23 PM
Jun 2024

They will find a way for someone with a stake can sue. Or they'll find a different basis for suing. Maybe based on the 1873 Comstock Act.

They won't stop.

 

oldsoftie

(13,538 posts)
74. I hope women's rights supporters outnumber the inflation/border voters.
Thu Jun 13, 2024, 01:44 PM
Jun 2024

Seeing as how even some republicans I know are pissed about Roe & have changed THEIR vote, I hope it happens.

Novara

(6,115 posts)
77. Pissed off women are not going away any time soon.
Thu Jun 13, 2024, 01:55 PM
Jun 2024

You take my bodily autonomy away? I will do whatever I can to take your job away. Women I know all feel the same.

We have to keep hammering home the fact that this decision isn't on the merits of the case at all, and given a better case to ban this drug, they will. This is not a win for women's rights. It's a win for the judicial norm of who can sue and on what basis only.

slightlv

(7,775 posts)
86. Comstock act
Thu Jun 13, 2024, 03:51 PM
Jun 2024

I think that's the basket where they're putting all their eggs. They just can't do it until T takes over the office. After that, women bar the door.

slightlv

(7,775 posts)
93. I guess we can say they're progressing?
Thu Jun 13, 2024, 07:09 PM
Jun 2024

They've got a little farther into the future than being stuck at a 16th century witch finder monk!

Tom Rinaldo

(23,187 posts)
22. After the election, the Right will find someone with a more solid standing claim
Thu Jun 13, 2024, 10:32 AM
Jun 2024

and then they will seek again to have the case decided on its "merits." The Court hasn't rejected the anti-abortion arguments yet, they just haven't officially heard them. Had they restricted access now it would have helped Democrats in the Fall.

PSPS

(15,313 posts)
23. As their opinion points out, the plaintiffs had no standing. They never should have agreed to accept the case.
Thu Jun 13, 2024, 10:32 AM
Jun 2024

Their next step will be something like bestowing "personhood" on fetuses and then have a "guardian ad litem" sue.

onenote

(46,134 posts)
25. Who is "they"?
Thu Jun 13, 2024, 10:37 AM
Jun 2024

Hopefully you are not saying the Supreme Court shouldn't have taken the case since the decisions of the district court and appeals court would have prevented the sale of the drug.

bluestarone

(22,096 posts)
80. Except the SC could have stated that they had NO STANDING and
Thu Jun 13, 2024, 02:29 PM
Jun 2024

DISMISSED it on getting it? That was a no brainer.

onenote

(46,134 posts)
91. They needed to grant cert. Otherwise they couldn't do anything.
Thu Jun 13, 2024, 05:51 PM
Jun 2024

And they rarely grant cert and immediately remand without receiving briefs and argument. The only times I know they do that is where there is a recent decision on point and they grant cert, vacate the decision below and remand to the lower court to consider the case in light of the recent decision on point.

LiberalFighter

(53,544 posts)
28. Those doctors need to be blackballed
Thu Jun 13, 2024, 10:46 AM
Jun 2024

I would think insurance companies would have an interest to maintain access to abortion pills.

onenote

(46,134 posts)
30. I don't remember people being so negative when the Court rejected the Texas election challenge on standing
Thu Jun 13, 2024, 10:51 AM
Jun 2024

or the courts, over and over, rejected birther cases on standing grounds.

Take the win, people.

 

JohnSJ

(98,883 posts)
35. Because it isn't a win, it is just a reprieve. No one should forget what they did with Dobbs. Different arguments,
Thu Jun 13, 2024, 11:04 AM
Jun 2024

a republican congress, and trump in the WH can make this all disappear again.

This was rejected by the conservative judges because the plaintiffs were arguing a case on the basis of harm, which NONE of the plaintiffs had experienced. You can bet they will find someone who will approach this from a different angle, or find someone who will show damage.

The danger is very real and still out there

 

JohnSJ

(98,883 posts)
34. Make no mistake about it, all this is, is a reprieve. A republican congress and trump in the WH can undo it in a
Thu Jun 13, 2024, 11:02 AM
Jun 2024

New York minute.


 

oldsoftie

(13,538 posts)
62. There wont/wouldnt be a big enough majority to pass. Especially in the Senate.
Thu Jun 13, 2024, 12:22 PM
Jun 2024

Even the House has had members say there's a line.
But it wouldnt stop them from trying.

 

JohnSJ

(98,883 posts)
64. All they would need to do is get rid of the filibuster, or a trump presidency doing an executive order.
Thu Jun 13, 2024, 12:33 PM
Jun 2024
 

oldsoftie

(13,538 posts)
73. I think even THIS Court would balk at an EO. They've done it before on less.
Thu Jun 13, 2024, 01:42 PM
Jun 2024

And doing away with the filibuster they'd still have to have 50 votes. I'm not sure they can get that IF they took the Senate. Collins wont go for it & it wouldnt surprise me if a couple others balked
I'd rather see trump just LOSE so we dont find out!

 

JohnSJ

(98,883 posts)
76. Getting rid of the filibuster would be up to the Senate republicans, not the SC, and the fact that they removed the
Thu Jun 13, 2024, 01:55 PM
Jun 2024

filibuster for SC judges should tell you they wouldn't think twice about it. Of course they justify it because we did it because republicans would not approve any President Obama appointments, and the backlog was obscene which is why it was done.

As for this SC balking at an EO on this, I wouldn't be so sure. We will see what happens with the immunity case, though I am pretty sure they will just send it back to the district court, which might effectively delay it until after the election, and in effect give trump immunity by that action, but we will see.

In the end though, I agree with you, the only way to insure a Women's right to choose is voting Democratic.


 

jaxexpat

(7,794 posts)
36. "....didn't have standing," right?
Thu Jun 13, 2024, 11:06 AM
Jun 2024

Decision was made on a "technicality" they were all, pretty much, compelled to agree on. This attempted takeover of the country by fundamentalists is not over and we didn't really win this time. They'll be back with "standing" soon enough if this lunatic body of corruption retains its ungainly "standing".

onenote

(46,134 posts)
40. Two lower courts had held the doctors had standing. So if the court really wanted to find standing, they could have
Thu Jun 13, 2024, 11:27 AM
Jun 2024

Raven123

(7,781 posts)
42. The SCOTUS version of delay.
Thu Jun 13, 2024, 11:33 AM
Jun 2024

Once someone with standing tries the same thing, they will cave. I do think a majority of SCOTUS is annoyed by some of the RW tactics, not because they use them, but because they don’t disguise them well enough.

Johnny2X2X

(24,159 posts)
67. But who could have standing?
Thu Jun 13, 2024, 12:51 PM
Jun 2024

It’s like suing the makers if Aspirin because you don’t take Aspirin and don’t think anyone else should either.

GB_RN

(3,551 posts)
48. Good, But...
Thu Jun 13, 2024, 12:00 PM
Jun 2024

It should never have gotten to SCOTUS. The lower courts proved their partisanship and biases with their rulings instead of dismissing it based on lack of standing. IANAL, but even I could tell you that these fascists didn’t have standing.

aggiesal

(10,760 posts)
50. MAGA is going to be BUTT hurt ...
Thu Jun 13, 2024, 12:07 PM
Jun 2024

They spent all that money judge shopping, legal bills ... to get it to a SCOTUS that's supposed to be on their side and still lose

SARose

(1,831 posts)
57. Take that you little weasel
Thu Jun 13, 2024, 12:18 PM
Jun 2024

Paxton, and you too Kacsmaryk and you three Fifth Circuit.

No standing - do you hear that? Your political stunt cost me and my fellow Texans how much of OUR money?

You absolute aholes.

Deep State Witch

(12,705 posts)
78. I didn't expect a unanimous decision
Thu Jun 13, 2024, 02:10 PM
Jun 2024

I thought that the Gruesome Twosome (Alito and Roberts) would dissent. Possibly Boney Carrot, too.

J_William_Ryan

(3,481 posts)
79. "The court stopped short of affirming Food and Drug Administration decisions to loosen restrictions on mifepristone..."
Thu Jun 13, 2024, 02:20 PM
Jun 2024

As likely has already been correctly noted:

This is a technical win – this is far from over.

The Court’s partisan conservative ideologues are more than willing to rule against the FDA concerning mifepristone if given the opportunity.

Scalded Nun

(1,683 posts)
81. My take
Thu Jun 13, 2024, 02:38 PM
Jun 2024

1. They (GOP justices) used the 'No Standing' response to kill this, along with the silent understanding this will come back to their docket next year.
a. This keeps the left's outrage off the table for this year's election and offers a slim bit of electoral hope (in regards to abortion) for all the GOP anti-abortion nutters.
b. They kill Mifepristone next year. 3 years from another presidential election and 1 year from mid-terms. Counting on short memories.
c. The Dem justices voted to kill this because it is the right thing to do.

Perhaps I am just seeing too much in terms of GOP conspiracies, but I do not trust these evil GOPers on anything.

jmowreader

(53,160 posts)
83. The claim the doctors were making was...strange
Thu Jun 13, 2024, 03:08 PM
Jun 2024

One of the things in King Matthew’s decision was that the plaintiffs were being harmed by this drug because they wouldn’t be able to make as much money caring for pregnant patients if some of those potential patients were terminating their pregnancies.

On those grounds Ford could sue Volkswagen out of business because potential Ford Escape customers were buying Tiguans instead.

LetMyPeopleVote

(179,352 posts)
88. Statement from President Joe Biden on Supreme Court Decision on FDA v. Alliance for Hippocratic Medicine
Thu Jun 13, 2024, 04:09 PM
Jun 2024


https://www.whitehouse.gov/briefing-room/statements-releases/2024/06/13/statement-from-president-joe-biden-on-supreme-court-decision-on-fda-v-alliance-for-hippocratic-medicine/

Today’s decision does not change the fact that the fight for reproductive freedom continues. It does not change the fact that the Supreme Court overturned Roe v. Wade two years ago, and women lost a fundamental freedom. It does not change the fact that the right for a woman to get the treatment she needs is imperiled if not impossible in many states.

It does mean that mifepristone, or medication abortion, remains available and approved. Women can continue to access this medication – approved by the FDA as safe and effective more than 20 years ago.

But let’s be clear: attacks on medication abortion are part of Republican elected officials’ extreme and dangerous agenda to ban abortion nationwide. Since the overturning of Roe v. Wade, Republican elected officials have imposed extreme abortion bans in 21 states, some of which include zero exceptions for rape or incest. Women are being turned away from emergency rooms, or forced to go to court to plead for care that their doctor recommended or to travel hundreds of miles for care. Doctors and nurses are being threatened with jail time, including life in prison, for providing the health care they have been trained to provide. And contraception and IVF are under attack.

The stakes could not be higher for women across America. Vice President Harris and I stand with the vast majority of Americans who support a woman’s right to make deeply personal health care decisions. We will continue to fight to ensure that women in every state get the health care they need and we will continue to call on Congress to restore the protections of Roe v. Wade in federal law — that is our commitment.

###


ShazzieB

(22,550 posts)
89. I am astounded...in the BEST possible way!
Thu Jun 13, 2024, 04:59 PM
Jun 2024

I was expecting the absolute worst on this, to be quite honest.

What a relief!

mahatmakanejeeves

(69,609 posts)
94. What the Supreme Court decision means for abortion pill access
Fri Jun 14, 2024, 07:32 AM
Jun 2024
What the Supreme Court decision means for abortion pill access
The Supreme Court unanimously rejected an attempt to significantly restrict access to mifepristone, a key abortion medication.

By Sabrina Malhi
June 13, 2024 at 2:07 p.m. EDT

The Supreme Court unanimously rejected an attempt to significantly restrict access to a key abortion medication, mifepristone, on Thursday. The conservative majority ruled that the antiabortion physicians who filed the case did not have standing to challenge the Food and Drug Administration’s approval of the drug. ... In a written opinion for the court, Justice Brett M. Kavanaugh said that because the plaintiffs don’t prescribe, sell or manufacture mifepristone, they suffer no direct monetary injuries related to the FDA’s loosening regulations for obtaining the drug in 2016 and 2021.

{snip}

What was the Supreme Court decision?

The 9-0 decision reversed a lower-court ruling that would have made it harder to obtain mifepristone, part of a two-drug regimen used in more than 60 percent of U.S. abortions. The opinion was based on a procedural ruling that the plaintiffs did not have legal grounds to bring the case.

The court said that the antiabortion doctors who brought the case and the Alliance for Hippocratic Medicine did not provide any evidence to suggest that the FDA’s deregulatory actions have affected how they treat patients because they do not prescribe or use mifepristone.

Even though the court’s decision was unanimous, it is unlikely to be the end of efforts to restrict access to the pill. The ruling leaves an opening for three states — Missouri, Kansas and Idaho — to quickly try to revive the challenge before a federal judge in Texas who is well known for his antiabortion views.

{snip}

Ann E. Marimow and McKenzie Beard contributed to this report.

By Sabrina Malhi
Sabrina Malhi joined The Washington Post in 2020. She focuses on breaking news as well as infant and maternal health issues. Sabrina previously served as the president of the South Asian Journalists Association and still holds a position on its board.
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