Staff Reports
Guess what everyone? The Supreme Court is at it again, and this time, it’s the Republican-appointed members who are giving us a glimmer of hope! The Biden administration is trying to maintain broad access to the abortion pill, and some of the conservative justices are expressing doubts about the plaintiffs trying to restrict access to it. That’s right, the Biden administration is fighting to keep this medication, known as mifepristone, widely available, and these conservative justices are making it clear they’re not going to make it easy for them!
Supreme Court appears skeptical on scope of abortion pill case https://t.co/QND7tA6zYW https://t.co/QND7tA6zYW
— Washington Examiner (@dcexaminer) March 27, 2024
The high court is taking a look at the FDA v. Alliance for Hippocratic Medicine and Danco Laboratories v. Alliance for Hippocratic Medicine cases, which are all about whether the FDA should limit how the abortion pill is prescribed and distributed. And get this, this is all happening less than two years after the court overturned the landmark Roe v. Wade decision. It’s like deja vu all over again!
The pro-abortion activists are out in full force, rallying outside the Supreme Court and trying to sway the justices their way. But we all know that conservative justices aren’t swayed by activists, they’re swayed by the law! And the law says that mifepristone was approved by the FDA in 2000 and is perfectly safe and effective. But you know those anti-abortion advocates, they’re still trying to claim the drug isn’t safe and that the FDA didn’t do enough research before approving it. Come on, FDA knows what they’re doing, right?
The plaintiffs in this case are really pushing for the Supreme Court to roll back all the progress the FDA has made since 2016 to make the abortion pill more accessible. They want to make it harder to get the pill through mail delivery, pharmacy dispensing, and online ordering. But the maker of mifepristone, Danco Laboratories, and the FDA are both fighting to keep these changes in place. They know that women should have easy access to this medication, and they’re not going to let a few plaintiffs take that away!
And get this, Chief Justice John Roberts is out here asking the tough questions! He’s grilling the Justice Department’s Solicitor General about the theory of legal “standing” and whether the plaintiffs really have a case. And you know what? They don’t! These conservative justices are really digging into the details and not letting anyone slide by with weak arguments.
Justices Alito and Thomas are also not pulling any punches. Alito is pointing out that there could be higher instances of emergency room visits linked to mail ordering mifepristone, and Thomas is bringing up the Comstock Act of 1873, which bans sending contraceptives through the mail. These justices are not mincing their words, and they’re not going to let anyone forget about the potential risks involved with making the abortion pill more accessible.
Even the newest justice appointed by President Biden, Ketanji Brown Jackson, is getting in on the action. She’s asking if judges should really be delving into scientific studies, and the attorney representing Danco is making it clear that judges should not be messing with the FDA’s approval process. Gorsuch is also cautioning against turning this into a “nationwide legislative assembly” and is pushing for more limited relief in the case.
And in a surprise twist, Erin Hawley, who represents the groups claiming harm by the FDA’s expansion of abortion pill access, is facing some serious doubts from Justice Thomas. He’s asking her tough questions about the real harm these groups have experienced, and it looks like he’s not convinced by her answers. These conservative justices are not backing down from their tough line of questioning, and they’re making it clear that they’re not going to let anyone slide by with weak arguments.
As the arguments in these cases continue, one thing is certain: the conservative justices on the Supreme Court are not going to let the Biden administration have an easy win. They’re digging into the details, asking the tough questions, and making it clear that they’re not going to just go along with whatever the activists and plaintiffs want. A decision by the Supreme Court is expected by the end of June, and you can bet that these conservative justices are going to make sure it’s a decision based on the law, not on emotion or political pressure.
