Fifth Circuit inflicting aesthetic damage, on me
As expected, 5CA has excreted another insane mifepristone ruling. which will force the Supreme Court to act. It was not, however, insane enough for the Running Man’s spouse:
Erin Hawley, an attorney for the group that challenged mifepristone’s approval, said she was pleased with the court’s ruling even though she had argued that the drug she have never been approved in the first place.
Hawley said her team and has not yet decided whether to appeal the part of the ruling that went against them. The Justice Department’s appeal, however, guarantees the high court will consider the issue.
Mark is more optimistic about what will happen next than I am:
Upshot: There will be NO change to federal regulations of medication abortion in the near future. But the Supreme Court will now almost certainly take up this dispute. And I personally think it will reverse the 5th Circuit on standing grounds, tossing out the whole case.— Mark Joseph Stern (@mjs_DC) August 16, 2023
I hope this is right! Personally, I fear that the “we will allow the pill to be kept on the market but make it much harder to access” seems like exactly the kind of high-damage-to-jezebels-with-relatively-low-political-exposure “compromise” that will appeal to Roberts and Kavanaugh.
Having said that, some of the arguments for standing here are amazing stuff even by the completely degenerate standards of the Fifth Circuit:
Conservative judges: Abortion providers don't have standing to challenge abortion laws
Also conservative judges: Anti doctors have standing bc they "delight in working with their unborn patients—and experience an aesthetic injury when they are aborted"pic.twitter.com/IMDtRRD2FE— Susan Rinkunas (NEW ACCT) (@SusanRinkunas) August 16, 2023
A murder of judges, one might say.