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submitted 5 months ago* (last edited 5 months ago) by vegeta@lemmy.world to c/news@lemmy.world

TL;DR

SCOTUS tossed it on standing...could still come back.

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[-] disguy_ovahea@lemmy.world 52 points 5 months ago* (last edited 5 months 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.

[-] ptz@dubvee.org 63 points 5 months 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".

[-] FlowVoid@lemmy.world 14 points 5 months 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 6 points 5 months 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 19 points 5 months 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 8 points 5 months 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.

[-] dogsnest@lemmy.world 6 points 5 months ago

Perhaps a sovcit can provide the correct forms and precise terms to use, in their proper order.

[-] FlowVoid@lemmy.world 19 points 5 months ago

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

[-] waddle_dee@lemmy.world 17 points 5 months ago

Alito gotta raise his reputation points after the leaks and flag debacle.

[-] disguy_ovahea@lemmy.world 6 points 5 months 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 3 points 5 months 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.

[-] NotMyOldRedditName@lemmy.world 2 points 5 months ago

"Our corruption to the core would be too obvious if we heard this case"

[-] oxjox@lemmy.ml 5 points 5 months 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 3 points 5 months 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 2 points 5 months ago

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

[-] FlowVoid@lemmy.world 2 points 5 months ago* (last edited 5 months 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.

this post was submitted on 13 Jun 2024
393 points (100.0% liked)

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