The Left Is Suddenly Going to Like a Supreme Court Abortion Ruling

Based on witness questioning, the Supreme Court is unlikely to roll back access to mifepristone, one of two drugs that work together to terminate a pregnancy. 

CNN, the Wall Street Journal, the New York Times, and the Washington Post have all concluded the same thing: The move to limit availability of mifepristone will fail.

Supreme Court Appears Unlikely to Upend Abortion-Pill Access

The Wall Street Journal provides the best take. Let’s start with a discussion of standing.

Please consider Legal ‘Standing’ and the Mifepristone Abortion Pill Case

The Supreme Court Tuesday sounded skeptical about the challenge by pro-life doctors to the Food and Drug Administration’s dispensing rules on the abortion pill mifepristone. We confess to being amused that our friends on the left have suddenly discovered the importance of the Court’s legal-standing principles.

As in all cases, plaintiffs must demonstrate legal standing, meaning a concrete injury that is traceable to a defendant’s conduct and redressable by courts.

Under questioning, the plaintiffs couldn’t identify a single doctor tangibly harmed by the FDA changes.

Were the Court to decide the plaintiffs have standing, Justice Neil Gorsuch wondered why it shouldn’t issue a narrow remedy to protect the conscience objectors instead of blocking the FDA rule changes nationwide.

“Normally, we would allow equitable relief to address them,” Justice Gorsuch noted. Recently, “we’ve had one might call it a rash of universal injunctions or vacaturs. And this case seems like a prime example of turning what could be a small lawsuit into a nationwide legislative assembly on . . . an FDA rule or any other federal government action.” He’s right.

The conservative Justices have often been lambasted by their colleagues and the press for strictly enforcing the Court’s standing principles, such as a challenge to Texas’s so-called bounty-hunter abortion law. It’s nice to see that their critics now agree with them, at least when it suits the critics’ policy preferences.

Also consider Supreme Court Appears Unlikely to Upend Abortion-Pill Access

Several justices, including some who voted to overrule Roe v. Wade two years ago, focused their questioning on whether the doctors and medical associations that brought the case in fact have the right to sue. Those doctors and groups don’t prescribe mifepristone, don’t perform abortions and have no legal obligation to help women end unwanted pregnancies.

“Just to confirm,” said Justice Brett Kavanaugh, “under federal law, no doctors can be forced against their consciences to perform or assist in an abortion, correct?”

“Yes,” answered U.S. Solicitor General Elizabeth Prelogar, who argued on behalf of the Biden administration. “We think that federal conscience protections provide broad coverage here.”

Erin Hawley [wife of Missouri Senator Josh Hawley] a lawyer for the organization, won a lower-court ruling reimposing restrictions on mifepristone that had been in place from 2000, when the Food and Drug Administration first approved the drug, to 2016, when the agency said research demonstrated the rules could safely be relaxed. The order—on hold while the Supreme Court appeal is pending—would again require women to make three in-person visits to obtain a medication abortion.

On Tuesday, however, she faced a stream of skeptical questioning from the justices. Justice Neil Gorsuch questioned why the case should affect anyone other than the doctors involved. 

“This case seems like a prime example of turning what could be a small lawsuit into a nationwide legislative assembly on an FDA rule,” Gorsuch said. 

Case Easy to Figure

Take the three liberal justices (Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson) , add Kavanaugh, Gorsuch, and Roberts, and you have a 6-3 majority in favor not blocking access to mifepristone. My guess is 7-2.

The timing could hardly be better for Republicans. This will minimize the abortion issue in November, as long as Trump does not stick his foot in his mouth.

Trump has an easy way out too. Mifepristone, when used together with misoprostol, is FDA approved for only ten weeks.

This helps Trump as long as he ducks the issue or better yet says something to the effect the Supreme Court will decide and he will respect the decision.

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Don
Don
1 month ago

Of course, since a living fetus is never a “person” like a living corporation, it can never have standing to insure its fetal survival in a free market, like a corporation selling abortion pills to insure reproductive choice that was allegedly not functioning during intercourse for free stuff. .

Stuki Moi
Stuki Moi
1 month ago
Reply to  Don

No even remotely legitimate government has any business even being aware of, much less intervene in, what people eat.

Don
Don
1 month ago
Reply to  Stuki Moi

You not even remotely addressed the issues raised, although it is illegal to sell cyanide pills for human consumption and use, unless you’re James Bond or his American counterpart. However, cyanide powder for rats is Aok. .

Stuki Moi
Stuki Moi
30 days ago
Reply to  Don

“although it is illegal to sell cyanide pills for human consumption and use”

“However, cyanide powder for rats is Aok.”

And what exactly does that have to with legitimate government? Totalitarian meddleocracies will always make up illegitimate so-called “laws” to ram their captives throats.

D. Heartland
D. Heartland
1 month ago

Imagine a world where, if you agree, that says it is OK to terminate unwanted Pregnancies and all Trump has to do is stay silent, and that silence will be GOLDEN enough to not push his Gravy Train off the Rails and that Train leads to the White House and Free shit and stuff.

The opposition just has to STFU, too, and they might get to STAY in the White House and get Free Shit and Stuff and they already are LAPPING IT UP while stealing the house blindly.

The Grand Standers (Congress) get to decide amongst themselves how to divvy up the rest of the FREE SHIT and STUFF….lesser heaping helpings because they don’t get to STAY in the big WHITE HOUSE, only visit it at times esp at Christmas where the Big White House Staff puts up a Tree and makes like they believe in God.

Six000MileYear
Six000MileYear
1 month ago

SCOTUS is doing its best to avoid the issue of abortion.

D. Heartland
D. Heartland
1 month ago
Reply to  Six000MileYear

Yep, all of this is GRAND STANDING in the end where they simply have to concoct “messaging” that does not make headlines and they then get to get back to the REAL work of Lobbyist-GRAVY TRAIN lapping up (eating well, free Cigars and Booze, and LUNCHES) and all they need to do is have a “HARD HITTING CONGRESSIONAL HEARING” – – or TWO every six months, on the most confusing issues that are simply never to be solved, such as someone stealing shit or stuff.

Alex
Alex
1 month ago

Funny how Israel is aborting the entire population of Gaza using US supplied weapons and all the evengelical types seem to be on board with it.

D. Heartland
D. Heartland
1 month ago
Reply to  Alex

Alex, get it straight, both Snake Pits are feeding on the MIC income.

Alex
Alex
1 month ago
Reply to  D. Heartland

I’ve been aware of the uniparty a long time. Not sure how it applies here, except both parties are bought and paid for by the Israeli lobby.

Alex
Alex
1 month ago

WW3 would certainly be bad for the economy and would give people something much more impactful to talk about.

link to zerohedge.com

Alex
Alex
1 month ago
Reply to  Alex

“As for ISIS, everyone seriously following West Asia knows that’s a gigantic diversionist scam, complete with the Americans transferring ISIS operatives from the Al-Tanf base to the eastern Euphrates, and then to Afghanistan after the Hegemon’s humiliating “withdrawal”. Project ISIS-K actually started in 2021, after it became pointless to use ISIS goons imported from Syria to block the relentless progress of the Taliban.

Ace Russian war correspondent Marat Khairullin has added another juicy morsel to this funky salad: he convincingly unveils the MI6 angle in the Crocus City Hall terror attack (in English here, in two parts, posted by “S”).

The FSB is right in the middle of the painstaking process of cracking most, if not all ISIS-K-CIA/MI6 connections. Once it’s all established, there will be hell to pay.”

Last edited 1 month ago by Alex
Thetenyear
Thetenyear
1 month ago

So sad to see so many people killed over something that is largely preventable. Dobbs made it a little more inconvenient to kill your baby while this decision should restore some of that convenience.

Alex
Alex
1 month ago
Reply to  Thetenyear

The morning after pill is not killing a baby. That’s the problem with this topic. Both sides have extreme perspectives. I’m just glad it’s been pushed back to the states. It’s obviously a topic best handled at the local level.

D. Heartland
D. Heartland
1 month ago
Reply to  Alex

What they need is a pill that kills sperm or eggs or both and to prevent unwanted Pregnancies. The problem with that medical idea is that it might end up being like the Pfizer MrNa vaccines where the cure kills the hosts.

TexasTim65
TexasTim65
1 month ago
Reply to  D. Heartland

But you have to actually take said pill.

Certain religions (*cough* Catholic *cough*) forbid doing that or use of any other contraceptives as being akin to a sin against God. That’s what this whole issue is about. The Pope and Catholic church have softened their stance on many issues over the last century or so but this issue is the one they are clinging to.

Sentient
Sentient
1 month ago
Reply to  TexasTim65

“Francis” is not the pope. He is an antipope. Since the death of Benedict XVI, there has been no pope.

Jojo
Jojo
1 month ago
Reply to  D. Heartland

Just implant girls with a contraceptive implant at puberty. These last at least 3 years and possibly as long as 5 years.

I’m wondering why the bible thumpers and Republicans aren’t pushing this?

Thetenyear
Thetenyear
1 month ago
Reply to  Alex

I thought the whole purpose was of taking it is to kill the baby. The morning after pill would not exist if it did not kill the baby.

Jojo
Jojo
1 month ago
Reply to  Thetenyear

A fetus isn’t a”baby”.

Thetenyear
Thetenyear
1 month ago
Reply to  Jojo

We are on the same page then. If it’s not a baby then there is no reason to kill it!

Stuki Moi
Stuki Moi
1 month ago
Reply to  Alex

“The morning after pill is not killing a baby.”

A baby is “protected” not because it is some unique entity named a “baby.” But solely because humans are “protected”, and a baby is a small human. Whatever you like to call whatever it is a morning after pill kills, it is still just an even smaller human.

Sitting around trying to force agreement on some arbitrary start date for when a developing soon-to-be-human magically crosses from non-human to human; is just silly.

Instead; the problem with bans on pills; or even abortions; is that no matter how human some dude is: Other humans still don’t have any obligation to feed him nor house him nor provide him blood transfusions; nor whatever else it is that mothers do that babies, or smaller-than-babies or whatever depend on for survival.

As long as the only way human A can survive, is if human B provides for him: Human A’s survival is purely at the voluntary discretion of human B. No legitimate government can force people to provide for others against their will. No matter what.

Avery2
Avery2
1 month ago

Scott Adams covered yesterday, same conclusion.

Micheal Engel
Micheal Engel
1 month ago

NBC journalist herd together against Ronna McDaniel. They don’t want to hear the other side’s opinions. They protect our democracy. Ronna was fired after two days. Kristen Welker “Meet the Press” vehemently rejected a foreign object on her show. The dictators of the left, which serve the swamp, reject the republicans and Trump.

KGB
KGB
1 month ago

“congress shall pass no law respecting an establishment of religion.” That should apply to abortion, climate change, atmospheric carbon dioxide, electric vehicles, covid, holidays, and dress codes.

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