The Supreme Court said Wednesday it will consider whether to restrict access to a widely used abortion drug — even in states where the procedure is still allowed.
The case concerns the drug mifepristone that — when coupled with another drug — is one of the most common abortion methods in the United States.
The decision means the conservative-leaning court will again wade into the abortion debate after overturning Roe v. Wade last year, altering the landscape of abortion rights nationwide and triggering more than half the states to outlaw or severely restrict the procedure.
I guess it wasn’t about states rights, guys.
Lol. They’ve only ever used “states rights” like “small gubberment”; as a means to impose their will on the largest scale they currently hold power. As soon as they gain the upper hand and can impose their will via a higher government (or regulator) — such as imposing their will on local governments via state law, or imposing their will on states via federal law (or the EPA) — they don’t give it a second thought.
This is how fascists and authoritarians operate. They lie, because words mean nothing to them but a means to achieve authoritarian rule… They don’t stop at the national level either.
CSA states’ declarations of secession, if I remember correctly, used the word “slaveholding” rather often to characterize CSA’s members.
There are some other differences in direction, so back then it really was to some extent about states’ rights, just as important as slavery or maybe a bit less. Which doesn’t change the point.
(Also - I was a stupid kid at some point with sympathies to confederates. Eh.)
Like conservatives today, most of the men who fought and died for the Confederate states, were not a part of the ruling class they supported. They heard what they wanted to hear. They were convinced that the federal government was trying to take away their rights. They gave their own lives so a few rich men might continue to live by rich fucker rules. Men who owned other men. Men who didn’t give a damn about the common folk they sent to fight. It’s only ever been about the rights of the Few, the landowning slavers.
This will eventually extend to birth control.
Just you wait.
STDs are going to go through the roof. They already are, in part due to deteriorating public infrastructure and shittier sex ed. But this is going to make the quality of life for Americans go down. And increase DOA babies due to congenital syphilis.
They brought upon themselves an unusual position of ruling on abortion access even after its conservative majority declared that it would leave that question to the states.
To which it isn’t authorized to rule because that falls to the FDA. They are religious zealots and not qualified to rule on medicine.
If this is actually successful, expect republicans to begin going after more fda approvals in the courts for things like hiv medications or vaccines. Anything that appeals to their religious zealot base, doesn’t matter how many people they harm.
Edit: Didn’t think of this originally, and not strictly related to abortion access debate, but the ruling as it stands could allow for pharmaceutical companies to sue each other and try to overturn the approvals of competitors’ drugs. It’s just such an unfathomably bad ruling on soooooo many levels.
The constitution says nothing about this. Which means any ruling is judicial overstep
That would mean Federal Agencies would be beyond Judicial review. You sure that’s what you want?
Not beyond judicial review, but not under the purview of the SCOTUS. This is the kind of shit that District Courts and US Courts of Appeals are for. SCOTUS is only supposed to determine if the rulings of lower courts, legislation, or presidential actions violate any provisions of the Constitution or existing statutes. They aren’t supposed to legislate from the bench, they aren’t supposed to pass judgment on cases, and they aren’t supposed to meddle in the affairs of the other branches as long as they are coloring inside the lines. Their only purview is the legality of laws and rulings. Nothing more. As much as I was happy for the Roe v. Wade ruling, it was supposed to be kicked back to the legislature to form appropriate laws surrounding the matter, not to rest the legality on the president that was set. This is fundamentally judicial overreach, as is about 90% of everything they have done this last couple years.
Not beyond judicial review, but not under the purview of the SCOTUS.
They aren’t under the purview of SCOTUS. The lower courts are.
Their only purview is the legality of laws and rulings.
That’s exactly what they’re doing here. A lower court ruled that the FDA didn’t follow it’s own process when relaxing restrictions around the prescribing and dispensing of mifepristone. The loser appealed and the next highest court ruled that the FDA did follow its own process. Repeat appeals until you reach SCOTUS who is now ruling on which of the lower courts is correct. That’s it.
SCOTUS is NOT ruling on whether mifepristone is legal or approved for use, it’s ruling on whether a lower court followed the law when reaching its decision and whether or not that decision is consistent with the Constitution. In practical terms whichever way SCOTUS rules it’s those lower courts whose authority will be used to direct (or not) whatever the FDA does next.
This is fundamentally judicial overreach, as is about 90% of everything they have done this last couple years.
You see so much as “Judicial Overreach” for two reasons:
- You don’t understand the process.
- So much of what gets to court, including SCOTUS, these days are questions of Administrative Law because much of this country is being run by Administrative Law. Which is what this case is about.
Most of what is decried as “Judicial Overreach” should more correctly be called AGENCY Overreach but its being blamed on the Judiciary.
Like this case. The problem isn’t SCOTUS it’s the agency known as the FDA.
That’s not at all how the law works. There are millions of federal statutes and regulations, all of which need interpretation.
Also, the Constitution does talk about health and welfare and interstate commerce powers.
The Supreme Court is supposed to rule on the constitutuonality of laws passed by the legislature. The court has no power to make laws.
Making a decision about the legality of medication is judicial overreach. That power is granted to congress alone, unless they have delegated some of that power to the executive branch (such as through the FDA).
The Supreme Court has no authority to “rule” on the constitutionality of laws. They took that power for themselves (Marbury v Madison) and nobody called them on it. They’ve now decided that the constitution isn’t comprehensive and they must also consider the customs and traditions of the nation (and even before) when they come to a decision. Dangerous times.
Making a decision about the legality of medication is judicial overreach.
That isn’t whats happening. What’s going on is that the FDA is being challenged that it didn’t follow it’s own process on approving the relaxation of rules regarding the prescribing and dispensing of Mifepristone. If SCOTUS rules that they didn’t follow their process mifepristone will still be available but will return to being harder to get…at least until it DOES follow its own process.
That’s a rightwing lie about what the Court is supposed to do. The high court may rule on appeals from the state’s highest court’s decision and any federal court’s decision. Virtually all modern First Amendment freedom is ”courtmade law,” likewise for the Fourth, Fifth, Sixth, Seventh, Eighth, Fourteenth. Miranda rights are “court made,” exclusionary rule.
Conservatives love it too. They love them some court made “government contractor defense,” in which the originalst textualist Justoce Scalia extended the federal government’s sovereign immunity to defense contractors based on no statute or constitution.
Scotus isn’t being called to pass upon the legality of medication, it is being called to pass upon the legality of the federal substantive and procedural due process given to stakeholders in the administrative rulemaking process. It’s very much a constitutional issue, insomuch as due process, notice, and comment, are prerequisites to Constitutional due process. Sort of seems like you don’t know what you’re talking about.
