21 April 2023

Dodged a Bullet, For Now

The Supreme Court has now extended the stay on Matthew Kacsmaryk's legally incoherent and hypocritical order to take Mifepristone off of the market.

Rather unsurprising, Alito and Thomas dissented, because they claimed that banning the drug immediately would not be making a statement on the ruling.

The fact that the rest of the Corrupt Christofascists did not go along points to the fact that there is a real possibility that should they have allowed the stay to end, there was a very good chance that the Biden administration would have done the equivalent of, " “John Marshall has made his decision now let him enforce it.”

If the executive branch refuses to enforce the ruling against the drug manufacturers, and refuses to aid the US Post office in intercepting prescriptions, which would require a subpoena in many cases, the court could just be ignored:

The Supreme Court on Friday retained full access for now to a key drug that has been taken by millions of women to terminate early pregnancies, its first major abortion-related decision since overturning Roe v. Wade’s constitutional guarantee of abortion rights last year.

The court put on hold a lower court’s ruling in favor of antiabortion groups, which said the Food and Drug Administration was wrong to make the drug mifepristone more widely available. A legal battle over whether to permanently reimpose restrictions, and whether the FDA had properly approved use of the drug more than 20 years ago, will continue.

As is typical in emergency actions, the majority did not explain its reasoning for putting the lower court decision on hold. In the only noted dissents, Justices Clarence Thomas and Samuel A. Alito Jr. said they would not have granted the Biden administration’s request for a stay of the lower court decision. Thomas did not explain his reasoning. Alito said the administration and the public would not have been harmed by agreeing with the lower court to roll back restrictions loosened by the FDA in recent years.

Not be harmed, what the f%$#?

………

The court’s order on Friday was the latest development in what has been a rapid and at times confusing legal battle over mifepristone, which is used as part of a two-drug regimen in more than half of the nation’s abortion procedures. The second drug, misoprostol, can also be used on its own to terminate early pregnancies, usually with more cramping and bleeding.

Abortion medications have increased in importance as states limit or ban abortions after the Supreme Court’s ruling last June in Dobbs v. Jackson Women’s Health Organization, in part because they can be sent by mail and taken at home.

Antiabortion groups have attacked the FDA’s approval of mifepristone, as well as more recent changes making the drug more accessible. Drugmakers, the Biden administration and abortion providers say all the agency’s decisions are science based and proper, based on two decades of accumulated clinical studies of the drug’s use.

The majority on the court right is corrupt and partisan.  

They should be treated as such, and not be sprinkled with "Norms Fairy" dust,

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