The Supreme Court’s expected decision represents the Supreme Court (and the judiciary as a whole) getting OUT of the medical business and leaving it to the FDA, where it belongs.
It was Judge Kaczmarek’s decision that involved the judiciary in a medical decision that it had no business butting into.
Unfortunately, the presence of this case and several more upcoming ones demonstrate that Scalia’s assertion in Dobbs that the Supreme Court had retired the abortion issue to their people and their elected representatives was naive, wishful thinking or worse.
I think the L’Dor V’dor case coming from Florida is going to tie the Roberts Court in knots if and when it reaches them.
Invoking standing allowed the Supreme Court to extricate itself from this first class cluster ■■■■ that Judge ■■■■ for brains created, without having to explicitly side themselves with abortion access.
Allowing the people to sue the FDA anytime they don’t like a drug approval would result in utter chaos. This ends this possibility.
It’s not just drug approval. It’s mail-order. Meaning this would allow it to be Constitutional for people to order abortion drugs by mail and the law is okay with it. I’m surprised as this is a Conservative majority bench.
Even if a person is for the abortion pill, there’s still a high risk that could put someone in the hospital or cause death of 2 people. Thus it might be wise to be monitored.
I don’t quite get the logic of saying abortions can be banned by a state but not if done by chemicals. Anybody else think this decision might be based on fear of a political backlash if they had voted the other way?
The fact of the matter is, if you sue for something like this, you have to be affected by it.
This suit was brought by pro-life Docs, but they never performed abortions or were asked to prescribe these medications. These drugs were not part of their practice, so where was the harm to them?
Their argument was, perhaps someone taking that pill got a rash and one of these Docs was a Dermatologist. Can they morally object to treating the rash? Or bleeding if they were an ER doc?
The problem is, not a single one of them could state a single episode where something like this happened. So where is the harm to them that could give this case standing? It just wasn’t there.