TL;DR

SCOTUS tossed it on standing…could still come back.

  • disguy_ovahea@lemmy.world
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    15 days ago

    Justice Brett Kavanaugh, writing for the court, wrote that while plaintiffs have “sincere legal, moral, ideological, and policy objections to elective abortion and to FDA’s relaxed regulation of mifepristone,” that does not mean they have a federal case.

    Curve ball Kavanaugh is so hard to pin down. I’m grateful he voted to protect access, but I can’t seem to predict his position. Maybe with time he’ll turn into the right-wing version of Thomas and become a full throttle traitor to his party.

    • Admiral Patrick@dubvee.org
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      15 days ago

      plaintiffs have “sincere legal, moral, ideological, and policy objections to elective abortion and to FDA’s relaxed regulation of mifepristone,” that does not mean they have a federal case.

      I read that as “Rephrase the case and send it back”.

      • HelixDab2
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        15 days ago

        No, that’s not what it’s saying at all.

        When they say that the doctors lack standing, what they’re saying is that the doctors have not suffered harm as a result of the FDA’s action. The doctors are not obligated to provide the medication that the FDA has authorized. Unless the doctors can prove that they, personally, have been affected negatively by the decision, there can be no court-ordered remedy for their injured moral fee-fees.

        On the other hand, a woman that is unable to obtain an abortion because a state banned a drug that the FDA had approved would have standing; she would be able to demonstrate that the law had directly, personally affected her ability to get the health care she needed.

          • HelixDab2
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            15 days ago

            …But that’s not what I was saying.

            As far as I know, you are generally correct that you can’t sue a government becuase they didn’t ban a thing. But you can sue when the gov’t has banned a thing, and that ban has caused you direct harm. This would be especially true if her lack of access to reproductive care meant that she had suffered serious physical harm, or lost her ability to have children in the future.

      • FlowVoid@lemmy.world
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        15 days ago

        Maybe, but elsewhere he suggests this issue should be decided by elected officials:

        “The plaintiffs may present their concerns and objections to the president and FDA in the regulatory process or to Congress and the president in the legislative process,” Kavanaugh wrote. “And they may also express their views about abortion and mifepristone to fellow citizens, including in the political and electoral processes.”

      • disguy_ovahea@lemmy.world
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        15 days ago

        They need a more compelling case of mifepristone causing harm. It’s probably best for those who use it to keep their experiences private if possible.

        • Evilcoleslaw@lemmy.world
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          15 days ago

          They need a case where mifepristone has caused any harm at all to the plaintiffs at the very least. That this case even got here is a testament to the insanity of the 5th Circuit Court of Appeals.

        • FlowVoid@lemmy.world
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          15 days ago

          Even that wouldn’t work. If a drug causes you harm, you sue the company that made it.

          They need a compelling case of how the FDA harmed them in order to sue the FDA. I don’t think that will be easy.

    • FlowVoid@lemmy.world
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      15 days ago

      Not just Kavanaugh in this case. This was a 9-0 decision, even Alito and Thomas voted to protect access.

      • disguy_ovahea@lemmy.world
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        15 days ago

        Good point. I realized after I commented that he was just writing on behalf of the court. Regardless, he’s been the only Justice to dissent from party opinion on several cases recently.

      • frezik@midwest.social
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        15 days ago

        They voted that the case is obviously lacking on technical grounds of standing. That’s not the same as voting to protect access. They just want a better set of plaintiffs.

    • oxjox@lemmy.ml
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      15 days ago

      voted to protect access

      That’s wholly incorrect.

      They refused to consider the case because “the plaintiffs failed to show they had suffered any injury”.

      • FireTower@lemmy.world
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        15 days ago

        Moreover, the law has never permitted doctors to challenge the government’s loosening of general public safety requirements simply because more individuals might then show up at emergency rooms or in doctors’ offices with follow-on injuries. Citizens and doctors who object to what the law allows others to do may always take their concerns to the Executive and Legislative Branches and seek greater regulatory or legislative restrictions

        Pg 3 of the opinion

        No one wants to set a precedent for sueing the government every time they don’t stop a potential bad thing from happening.

      • frezik@midwest.social
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        15 days ago

        Meanwhile, this case is taking up headlines at the same time the Supreme Court released another decision eroding union rights.

        • FlowVoid@lemmy.world
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          15 days ago

          It’s taking up headlines because it directly affects millions of women, immediately.

          The NLRB decision (also unanimous) limits their ability to obtain injunctions, but the NLRB only does this a couple of times a month nationwide and most people will never notice a change.