Later today we will find out if the Supreme Court agrees with a Texas judge ruling to stop the production and distribution of mifepristone, an abortion pill that is most commonly used for abortions.
Suddenly this would no longer be a “States rights” issue, but would shift to the Federal government stopping many abortions in blue states as well. It would be a massive ruling if it goes that way. Even a 5-4 ruling keeping it available would signal that it could be made illegal later with a different set of justices.
What say you folks? Support making Mifepristone illegal nationally?
Actually Mefristipone is one of two pills used in chemical used in chemical abortion. If the Court decides to revoke the FDA approval this will make chemical abortion more dangerous and unpleasant. And R’s can explain that to women voters.
Two issues at stake: can a judge with no medical training overrule the FDA drug approval process. That opens a vat of worms and on the surface seems an outrageous expansion of judicial authority.
Second: can the courts roll back subsequent modifications to the approval that in this instance largely addressed distribution. If the Supremes go for that, that shifts power from executive to legislature: more politicizing of scientific and technical judgment.
Of course in Dobbs, Kavanaugh said the goal was to turn the abortion issues back to the States. If less than a year later, the Court reasserts federal control, this will cement their growing reputation as right wing political hacks.
Yeah it would be extraordinary if they upheld it- truly an earthquake not only in terms of states rights but in terms of FDA approvals of drugs.
This seems pretty cut and dry but I have a strong feeling there will be 3 votes upholding this- Thomas, Alito and Barrett. I would be glad to be wrong.
I think the Supremes would be fine if Congress and a president limited abortion and drugs like this federally and would not overturn legilslation. But in this case I think you are right. We shall see.
Well I don’t think they said it was a state issue per se. I think the Court would uphold legislation by Congress either way- to either limit abortion federally or to allow it federally. Their beef with Roe was with judges making medical decisions around abortion rights without the backing of legislation. And because there is no federal legislation, it is a states issue…for now.
There is no relationship between the approval process and the distribution in and of itself. Other than the permission that starts the process or a recall.
Could be tricky. Massachussetts tried to limit the distribution of a strong opioid and was shut down by the Courts. What happens if certain states stop access to stimulants, benzodiazepines, or different medical drugs?
