179
submitted 7 months ago by MicroWave@lemmy.world to c/news@lemmy.world

The lawsuit challenging mifepristone should have never been heard by any court.

The Supreme Court appeared listless, even bored, during Tuesday’s oral arguments in FDA v. Alliance for Hippocratic Medicine, the case asking the courts to ban the abortion drug mifepristone.

Their frustration with the Alliance case is understandable, since they’ve been dealing with it for nearly an entire year. Last April, after two lower courts issued decisions that would have effectively removed mifepristone from the market, the justices voted 7-2 to leave access to mifepristone intact while this case was being appealed. 

On Tuesday, it appeared likely that the justices would break down along the exact same lines — with only Justices Clarence Thomas and Samuel Alito voting to halt access to the drug.

Based on the justices questions on Tuesday, however, it seems unlikely that the Court will even reach the question of whether the FDA violated its legal obligations. That’s because the second question before the Court is whether any federal judge had jurisdiction to hear this case in the first place.

Nearly all of the justices’ questions on Tuesday focused on this threshold question — a strong sign that the Court is inclined to dismiss the case on jurisdictional grounds, without even getting into the question of whether the FDA violated the law.

you are viewing a single comment's thread
view the rest of the comments
[-] girlfreddy@lemmy.ca 66 points 7 months ago

So SCOTUS is pissed off because they opened Pandora's box?

Those 6 right wingnut members are some of the dumbest mf'ers alive.

[-] Buelldozer@lemmy.today 30 points 7 months ago* (last edited 7 months ago)

SCOTUS is ticked because this lawsuit should have never happened. The original plaintiffs (Alliance) had no standing to file in the first place and it should have been dismissed at least three times by now. Beyond that the issue never needed a Constitutional Judgement in order to be resolved, mifepristone is federally legal and that's not going to change unless Congress does it.

[-] mycathas9lives@mastodon.social 12 points 7 months ago
[-] Buelldozer@lemmy.today 14 points 7 months ago* (last edited 7 months ago)

They're working on fixing that.

It's about time too. Republican's weren't the sole user of the tactic but they've surely been abusing the shit out of it since Biden assumed office.

[-] FlyingSquid@lemmy.world 4 points 7 months ago

I guarantee you that they will find ways to get to the Fifth Circuit anyway.

[-] Buelldozer@lemmy.today 6 points 7 months ago

I'm sure they will but they won't be able to get to that specific judge in the 5th who always goes their way. Instead they'll get a random judge assigned from the pool.

"Court Shopping" will still happen, and it too needs to be fixed, but right now "Judge Shopping" is the biggest problem.

this post was submitted on 27 Mar 2024
179 points (98.9% liked)

News

23259 readers
2659 users here now

Welcome to the News community!

Rules:

1. Be civil


Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban. Do not respond to rule-breaking content; report it and move on.


2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.


Obvious right or left wing sources will be removed at the mods discretion. We have an actively updated blocklist, which you can see here: https://lemmy.world/post/2246130 if you feel like any website is missing, contact the mods. Supporting links can be added in comments or posted seperately but not to the post body.


3. No bots, spam or self-promotion.


Only approved bots, which follow the guidelines for bots set by the instance, are allowed.


4. Post titles should be the same as the article used as source.


Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.


5. Only recent news is allowed.


Posts must be news from the most recent 30 days.


6. All posts must be news articles.


No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.


7. No duplicate posts.


If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.


8. Misinformation is prohibited.


Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.


9. No link shorteners.


The auto mod will contact you if a link shortener is detected, please delete your post if they are right.


10. Don't copy entire article in your post body


For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.

founded 1 year ago
MODERATORS