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.
That was indeed the joke.
Indubitably!
The constitution says nothing about this. Which means any ruling is judicial overstep
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).
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.
Originally, I thought you were a troll, but I think you are sincere. It seems that we largely agree on what the court is supposed to do. However, I think you may have misunderstood my statements and the role of the Supreme Court.
Granted, I’m not a Con Law scholar, so I might be wrong. So if you have a hobbyist interest like I do, I’d suggest two podcasts: Opening Arguments, and “What Can Trump Teach Us About Con Law”. Both are well researched, entertaining, and informative.
What authority does the Constitution give to dispense medical advice and regulate medical treatment?
Ask the FDA. What authority does it have to regulate most things.
Edit: so, they don’t have authority to regulate women’s abortion choices, but do have the authority to regulate every other part of your medical decision?
Fuck that. You want an abortion? Get one. A joint? Go nuts. Experimental cancer meds? I wish you well.
Your medical choices should be between you and your doctor, not you, your doctor and a legislature.
The Executive Branch is empowered to carry out the law as interpreted by the Judicial Branch and mandated by the Legislative Branch.
The FDA is assigned by the executive, empowered by congress, and subject to legal oversight of the courts.
There are many laws that give the FDA authority, for instance the Food Safety Act of 1906.
There is nothing that gives the supreme court the power to review medication approved by medical professionals.
The Supreme Court was never going to a review the medication, it was going to review the approval process, Make sure it complied with procedural and substitutive due process as required by the Constitution.
Thanks? We’re talking about the commerce clause, not third grade civics.
Well that fucking stupid. Osha bad because regulation bad.
Wtf kinda shit do you eat in the morning? Is it lead?
I mean the goal of OSHA is decent, whatever my views are on implementation.
That is literally their entire purpose
I understand that. I was criticizing their view knowing they’d apply it to abortion, but nothing else.
Lemmings want the fed all up in their shit, except when they don’t.
Guys. This commenter sounds Libertarian-esque to me. In this case, individual bodily autonomy, Libertarians are on our side.
Some the other ideas however . . .
I’m a super liberal libertarian. Anticorp, IP is theft. We should use regs to dismantle corps, not build them.
Yeah. And when it comes to this one issue, Libertarians and Liberals are pretty much on the same page. Maybe different reasons, but the same page.
The government can fuck off and has no say in my medical . . . well anything.
Fuck yes we are. Christians showed up at our last libertarian convention to tell others to support freedom. Libertarian kids took up armed security for the protests. We won in Kansas.
The FDA exercised its authority to regulati mifepristone already.
Fuck the FDA.
Did you actually use my question to excoriate the FDA?
Here’s news, pal: regulations are written in blood becuase corporations will cheerfully and willingly kill for profit.
The power corporations have to willfully and cheerfully kill for profit comes from libertarian clowns and their arrogant assholerie.
No, I’m calling you out for choosing to care about human rights when it suits you.
As opposed to when?
Well, the medical rights you imagine support abortion should also support a lot of other medical rights. I chose the FDA because they do things like tell cancer patients they can’t try experimental medications.
“can’t try”, or “doesn’t work”?
…because there are boatloads of “alternative” doctors and “medical” distributors in my area
These were terminal cancer patients and oncologist recommended, but it looks like we’ve made some effort to fix it. They have a “Right to Try” act program now, so that’s neat.
I think quacks should be able to be sued into oblivion by their
patientsvictims.
Capitalism needs meat for the grinder I guess? Can’t wait to see the court restrict this then let those Purdue pharma fuck heads off the hook for unleashing a plague on humanity .
One of the justices already got caught saying that when this was all getting started.
The Supreme Court, NOT medical professionals, will get to decide what life saving medications YOU get to take! It’s a good thing they aren’t corrupt and we’re appointed on merit without lying!
go buy plan b while you can guys
now in fairness, it’s because these people who are not at all trained in medicine or experimental design think that the people whose training and careers are exclusively in medicine and experimental design may have done it wrong.
part of the republican strategy for getting their wildly unpopular agenda through nationwide has been making sure that anyone anywhere is allowed to make a legally-enforcable decision IF they agree with it, but ensuring that no amount of expertise or personal stake qualifies you to make the opposite decision. Multiple doctors agree that your pregnancy is non-viable? Doesn’t matter, a city councilperson whose highest education is a GED has decided that doesn’t qualify you for an exception to their abortion laws. The opinion of several doctors, the patient and the patient’s parents is that the patient is trans? Not good enough, a complete stranger who knows neither you or anything that they’re talking about said “no”. You want books in your kids’ school library? Only if they’re approved by the Karenest Karen to ever Karen. It’s designed to be a ratchet effect. Anyone can turn the dial to the right, no one can turn it back to the left, they call it “freedom” and the absolute monsters they’re appealing to love it because the only freedoms they care about are the freedom to do what they want and the freedom to force everyone else to do what they want.
Very funny and accurate comment, Twink Freud.
Repeat after me: “Demok-crazy”
I suspect the Court is politically savvy enough to avoid making mifepristone illegal right before the election. They’ll make a soft open-ended decision that leaves it unrestricted and come back to it in a few years, then make it illegal.
youre more optimistic than me. to me, they pull an unpopular move in a time when trump isn’t likely to win, wait four years, until a non-Trump conservative gets the nomination - win.
or they do it and trump wins anyway- win.
Optimistic? I think a favorable ruling on this issue will be weaponized to deflate anti-Trump voters. “See? You were worried about nothing, the Supreme Court is still a legitimate institution.”
I thought their whole reason behind repealing Roe v. Wade was about “letting the states decide.” Of course that was total bullshit, otherwise this wouldn’t even be a question.
Why even have regulating bodies? Chevron deference cannot go away. This is how the right continues to “dismantle the administrative state,” to use their own words.
This is real bad.
Chevron deference is problematic because it allows non elected officials to establish rules, in practice laws, with insufficient oversight.
Don’t get me wrong I like when the FDA limits how much rat poop can be in ceral. But it shouldn’t enable organizations to say something that had previously been known as lawful is now a felony, and to imprison citizens for that.
Chevron deference should be limited to fines on commercial businesses.
Stfu. Honestly do you have like a baby’s understanding of government regulation? Do you think keeping the rat poop out of cereal and the other ten million regulations that keep you safe daily are possible without specialized bodies of administrative agencies regulating thousands of different industries, administering tens of thousands of specialty statutes? You cannot draw a line between “making things illegal that used to be perfectly legal” and keeping the rat poop out of food. Rat poop food was “perfectly legal” and still would be without a Chevron deference, we’d be sitting around waiting for Congress to act and meanwhile we’d all die of plague. What are you, a Libertarian, wants to die from plague?
Re read what I said. My point is that Chevron is inappropriate when applied in criminal matters, as opposed to civil matters.
I don’t see the distinction, in your post or in fact. Administrative action is neither criminal or civil, but regulatory. Through its enabling statute and it’s own regulations, an agency may avail itself to criminal or civil remedies. Only a prosecutor can prosecute criminal charges in federal court.
Why can Congress delegate “civil” but not “criminal” matters? It can either delegate or not.
Agency functions are rulemaking, adjudication, investigation, enforcement. I think pretty much every federal agency has some level of function for each, each with it’s own requirements for due process. Agencies aren’t neatly packaged. Got a couple examples of what you’re talking about criminal versus civil regulatory action?
These corporations bake those fines into “the cost of doing business.” Fines aren’t effective on their own. Also, we need experts to be the ones who determine where the line is, before we can even talk about consequences for crossing it.
This country would descend into chaos within days if we didn’t have people who are career experts in their respective fields working in regulatory agencies.
No fucking shot should those people need to be elected, that’s absurd. We need people who have studied that shit and have an intimate knowledge of the subject matter informing our laws, not Joe Shmo that won a popularity contest because “he’s the kind of guy they’d like to have a beer with.” Even if they have the best intentions, it’s impossible to be an expert in everything.
Also, the heads of those agencies are politically appointed positions, and at least on a state level, they often turnover with each new administration. So it’s not completely disconnected from people who are elected.
Edit: dumb fuck libertarians ruining this country.
The issue is that these agencies can have their heads appointed as a way of politically weaponizing them.
For example appointing a new FBI head who would lead to a new ruling that unborn fetuses are people who would be protected by homicide laws.
This skirts the legislative process to establish new laws. And aside from waiting until the next election the only recourse is commenting on the mater during a comment period.
That’s not how the FBI works. They enforce the laws passed by the legislative branch.
I know this isn’t the main point of this conversation but the idea that the FBI follows or has at any point since it’s inception followed the law in any meaningful sense is frankly hilarious.
The FBI does whatever the hell it wants.
And federal agencies interpret the laws under Chevron. They can redefine previously accepted interpretations to regulate new conduct.
Here’s a link to the federal register where you can comment on proposed reinterpretations of the suggested by the FBI.
https://www.federalregister.gov/agencies/federal-bureau-of-investigation
So is anyone gonna organize smuggling of mifepristone before they ban it or what?
I’m sure you’d like to know, officer. /s
🐷🚔
I’m not American so maybe someone can explain this, the way your supreme court works sounds insane to me. Like what power does the US supreme court have that they can just ban drugs? Also what is stopping the states from just ignoring them on decisions like this?
Legislative branch writes the laws. Judicial branch interprets them. Executive branch executes/enforces them.
SCOTUS’s power comes from judicial review and precedent. They can’t make arbitrary decisions on arbitrary things. Someone has to bring a case through a ton of appeals and different courts, then SCOTUS can rule on their interpretation of the law and write one or more essays explaining why and the nuances of their decisions. Those decisions are then examples/precedents that are followed by lower courts in future cases, until someone goes through the process again and SCOTUS decides to take the case and change the precedent, which is even more difficult and rare.
In this case, it sounds like they’re arguing over if the FDA did their legally required due diligence. If not, then their approval is null and void, so the drug is banned.
A bunch of things stop states from ignoring their decisions. In this case, any company making the drug is not going to value it as worth the risk so it probably won’t even make it to court again.
Some federal laws are tied to federal funding. For example, the 21 drinking age is tied to funding for roads. States can choose to set the age to 18, but they lose out on funding.
States can decide to just ignore federal law and get away with it, so long as it’s not something the federal government is willing to fight for. For example, states legalize Marijuana essentially by deciding to just ignore the federal ban. The federal government doesn’t care enough to send in their own anti-weed police or to pass legislation to force states to ban it again.
It even applies at the federal level. The executive branch can decide to just ignore SCOTUS and do their own thing. For example, SCOTUS ruled in favor of Native American’s rights but Andrew Jackson ignored it and did the Trail of Tears anyway (he kicked tons of natives off their land with no shortage of human suffering and death along the way). The Legislative branch can fight against the Executive branch by withholding funding, but the Judicial branch doesn’t have any such “stick”.
It’s rare that situations happen where branches fight against each other or states defy the federal government, but it’s not unheaed of. It’s all part of the checks and balances. In any case, it needs to stay within some realm of reasonableness in order to get buy-in from other government officials and the populace as a whole.
Yo and fuck Andrew Jackson.
How long is this nonsense going to last? Or are all the judges too young to fuck off and be replaced?
They’re not too young to be drug out into the street and executed.
Some trolling individual is going to use this precident to ban Viagra
You know what, I fucking hope so. Rile everyone up and keep reminding them that the crooked court is responsible for this shit. They’re supposed to ensure our constitutional rights are unabridged, not express into law the opinion of the minority.
