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The Major Supreme Court Cases of 2024No Supreme Court term in recent memory has featured so many cases with the potential to transform American society. In 2015, the Supreme Court limited the sweep of the statute at issue in the case, the Sarbanes-Oxley Act of 2002. In 2023, the Supreme Court temporarily blocked efforts to severely curb access to the pill, mifepristone, as an appeal moved forward. A series of Supreme Court decisions say that making race the predominant factor in drawing voting districts violates the Constitution. The difference matters because the Supreme Court has said that only racial gerrymandering may be challenged in federal court under the Constitution.
Persons: Donald J, Trump, Anderson, Sotomayor Jackson Kagan, Roberts Kavanaugh Barrett Gorsuch Alito Thomas, Salmon, , , Mr, Nixon, Richard M, privilege.But, Fitzgerald, Vance, John G, Roberts, Fischer, Ruth Bader Ginsburg, Clarence Thomas, Samuel A, Alito Jr, Alito, , Moyle, Wade, Roe, Johnson, Robinson, Moody, Paxton, Robins, Media Murthy, Sullivan, Murthy, Biden, Harrington, Sackler, Alexander, Jan, Raimondo, ” Paul D, Clement, Dodd, Frank, Homer, Cargill Organizations: Harvard, Stanford, University of Texas, Trump, Liberal, Sotomayor Jackson Kagan Conservative, Colorado, Former, Trump v . United, United, Sarbanes, Oxley, U.S, Capitol, Drug Administration, Alliance, Hippocratic, Jackson, Health, Supreme, Labor, New York, Homeless, Miami Herald, Media, Biden, National Rifle Association, Rifle Association of America, New York State, Purdue Pharma, . South Carolina State Conference of, Federal, Loper Bright Enterprises, . Department of Commerce, Chevron, Natural Resources Defense, , SCOTUSPoll, Consumer Financial, Community Financial Services Association of America, Securities, Exchange Commission, Exchange, Occupational Safety, Commission, Lucia v . Securities, Federal Trade Commission, Internal Revenue Service, Environmental Protection Agency, Social Security Administration, National Labor Relations Board, Air Pollution Ohio, Environmental, Guns Garland, Alcohol, Tobacco, Firearms, Explosives, National Firearms, Gun Control Locations: Colorado, Trump v . United States, United States, Nixon, Florida, Gulf of Mexico, Dobbs v, Idaho, Roe, Texas, States, New, New York, Grants, Oregon, . California, Martin v, Boise, Boise , Idaho, Missouri, Parkland, Fla, Murthy v . Missouri, . Missouri, ., South Carolina, Alabama, SCOTUSPoll, Lucia v, Western
CNN —Justices Brett Kavanaugh and Amy Coney Barrett often link arms on cases, particularly when it comes to abortion and reproductive rights. Barrett was more active, but her queries appeared animated by the same concern for doctors who would have religious or moral objections to abortion. Kavanaugh and Barrett were Trump’s second and third appointments to the bench, in 2018 and 2020. Barrett asks about conscience and standing. When Kavanaugh followed up with his related question, Prelogar said, “We think that federal conscience protections provide broad coverage here.
Persons: Brett Kavanaugh, Amy Coney Barrett, Donald Trump, Kavanaugh, Barrett, , ” Kavanaugh, Elizabeth Prelogar, Biden, ” Prelogar, They’d, Roe, Wade, Matthew Kacsmaryk, Clarence Thomas, Samuel Alito, mifepristone, Prelogar, ” Barrett, , Elena Kagan, Justice Barrett, Ketanji Brown Jackson, “ I’m, ” Jackson, Jackson, Erin Hawley, homed, , Hawley, she’d, ” Hawley Organizations: CNN, Drug Administration, Jackson, Health Organization, Guttmacher Institute, Alliance for Hippocratic, FDA, Appeals, Supreme, CNN Liberal, Locations: Dobbs v, America, Texas
In his majority opinion in the case overturning Roe v. Wade, Justice Samuel Alito insisted that the high court was finally settling the vexed abortion debate by returning the “authority to regulate abortion” to the “people and their elected representatives.”Despite these assurances, less than two years after Dobbs v. Jackson Women’s Health Organization, abortion is back at the Supreme Court. In the next month, the justices will hear arguments in two high-stakes cases that may shape the future of access to medication abortion and to lifesaving care for pregnancy emergencies. These cases make clear that Dobbs did not settle the question of abortion in America — instead, it generated a new slate of questions. The first case, scheduled for argument on Tuesday, F.D.A. At issue is the law’s interaction with state laws that severely restrict abortion, like an Idaho law that bans abortion except in cases of rape or incest and circumstances where abortion is “necessary to prevent the death of the pregnant woman.”
Persons: Roe, Wade, Samuel Alito, Dobbs, America —, Organizations: Jackson, Health Organization, Supreme, Alliance, Hippocratic, Food, Labor Locations: America, Idaho
CNN —The Supreme Court on Tuesday will hear its first abortion case since the 2022 reversal of Roe v. Wade and upheaval of reproductive rights in America. All the while, public regard for the Supreme Court has degenerated. Supreme Court Justice Stephen Breyer is photographed at his home in Cambridge, Massachusetts, in September 2015. Dirck Halstead/The LIFE Images Collection/Getty Images Breyer and his daughter Chloe jog with Clinton in May 1994. Mai/The LIFE Images Collection/Getty Images Breyer works in his office with his staff of clerks in June 2002.
Persons: Roe, Wade, Joe Biden, Donald Trump, Dobbs, Biden, Elizabeth Prelogar, mifepristone, Prelogar, what’s, , Susan B, Anthony Pro, , Evelyn Hockstein, Breyer, Stephen Breyer, Justice Ketanji Brown Jackson, Samuel Alito, Hodges, Trump, , ” Breyer, Damon Winter, Stephen, Irving, Anne, Charles ., Chloe, Nell, Michael —, Joanna Breyer, Ira Wyman, Sygma, Byron White, Ruth Bader Ginsburg, John Harrington, Joanna, John Tlumacki, Bill Clinton, Clinton, Harry Blackmun, Dirck Halstead, Doug Mills, US Sen, Ted Kennedy, Laura Patterson, John Blanding, Colin Powell, George W, Bush, Mai, David Hume Kennerly, Seuss, Evan Vucci, Charles, Marcio Jose Sanchez, William Rehnquist, Clarence Thomas, David Souter, William Kennedy, Antonin Scalia, Sandra Day O'Connor, John Paul Stevens, Chip Somodevilla, John Roberts, Pablo Martinez Monsivais, Samuel Alito's, Gerald Herbert, Cole Mitguard, Mourning, Penni Gladstone, Clara Scholl, Elise Amendola, Nicholas Kamm, Michelle Obama, Barack Obama, Alex Wong, ABC's George Stephanopoulos, Heidi Gutman, Andrew Harrer, Hu Jintao, Eli, Shutterstock Breyer, Britain's Prince Charles, Mandel Ngan, Tom Williams, Carolyn Kaster, Ben Bradlee, Bill O'Leary, Pete Marovich, Stephen Colbert, Jeffrey R, Win McNamee, Elena Kagan, Neil Gorsuch, Anthony Kennedy, Sonia Sotomayor, Maureen Scalia, Andrew Harnik, Brett Kavanaugh, Amy Coney Barrett, Erin Schaff, Abraham Lincoln, George Washington, Saul Loeb, Ketanji Brown Jackson, Patrick, Fred Schilling, Matthew Kacsmaryk, Erin Hawley, GYN, Organizations: CNN, Alabama Supreme, Republican, Food, Drug Administration, FDA, Jackson, Health Organization, District of Columbia, America, United States Conference of Catholic Bishops, Alamo Women's, Reuters, Supreme Court, Democratic, Supreme, New York Times, Harvard Law School, Appeals, First Circuit, Circuit, Getty, White House, Airport, Boston Globe, US, Suffolk University Law School, Francisco's Lowell High School, San Francisco Chronicle, Belgium's Catholic University of Louvain, Georgetown University Law Center, Administrative, Administrative Conference of, Jewish American Heritage Month, Walt Disney Television, Bloomberg, White, Office, Committee, Washington Nationals, Washington Post, Financial Services, General Government, CBS, State, The New York Times, Library of Congress, Alliance, Hippocratic, Alliance for Hippocratic, OB, Department, Justice Locations: America, New York, Carbondale , Illinois, Cambridge , Massachusetts, Maine , Massachusetts, New Hampshire, Puerto Rico, Rhode Island, AFP, San Francisco, Lowell, Washington , DC, United States
Challenging Abortion, Again
  + stars: | 2024-03-25 | by ( Emily Bazelon | ) www.nytimes.com   time to read: +1 min
How safe is it to take abortion pills? The case could curtail Americans’ access to mifepristone, the first pill taken in a two-drug regimen for a medication abortion. A decision in the plaintiff’s favor would change the landscape of abortion not state by state, like the effects of the 2022 ruling that overturned Roe v. Wade, but across the country. Post-Roe AmericaThe abortion opponents who sued the government in tomorrow’s case, F.D.A. v. Alliance for Hippocratic Medicine, are frustrated by how common abortion has remained.
Persons: Roe, Wade, Margot Sanger, Katz, Claire Cain Miller Organizations: Alliance, Hippocratic Locations: United States
CVS and Walgreens will start selling mifepristone in some US states, Reuters reported. The move follows a 2023 FDA decision to allow certified pharmacies to sell the abortion drug. President Joe Biden, who has supported increased access to abortion, hailed the news. AdvertisementCVS and Walgreens are set to begin selling the abortion pill mifepristone in some states this month, Reuters reported. The Food and Drug Administration (FDA) announced last year that it would allow retail pharmacies to begin selling the drug.
Persons: Joe Biden, , Wade, Harris, Trump Organizations: Walgreens, Reuters, FDA, Service, Drug Administration, CVS, Alliance for Hippocratic, Guttmacher Institute, Food and Drug Administration, Republican, Food, Fox News, Politico Locations: New York , Pennsylvania , Massachusetts, California, Illinois, Massachusetts, Rhode Island
President Joe Biden's administration has said it plans to appeal the 5th Circuit's decision as well. The 5th Circuit's decision partially sided with the anti-abortion groups and doctors who challenged mifepristone. In April, the Supreme Court granted emergency requests by the Justice Department and the pill's manufacturer Danco Laboratories to put on hold Kacsmaryk's order while litigation continued. Mifepristone is taken with another drug called misoprostol to perform medication abortion, which accounts for more than half of all U.S. abortions. Since last year's Supreme Court decision, at least 14 U.S. states have put in place outright abortion bans while many others prohibit abortion after a certain length of pregnancy.
Persons: Evelyn Hockstein, mifepristone, Joe Biden's, Jessica Ellsworth, Circuit upended, Matthew Kacsmaryk, Roe, Wade, Andrew Chung, Will Dunham Organizations: Alamo Women's, REUTERS, U.S, Supreme, Danco Laboratories, New, Circuit, U.S . Food, Drug Administration, FDA, Justice Department, mifepristone, Republican, Alliance for Hippocratic Medicine, Defending, Thomson Locations: Carbondale , Illinois, U.S, New Orleans, Amarillo , Texas, New York
Used boxes of Mifepristone, the first pill in a medical abortion, line a trash can at Alamo Women's Clinic in Carbondale, Illinois, U.S., April 20, 2023. Circuit Court of Appeals stopped short of ruling that the drug must be pulled off the market altogether, as a lower court had done. The three-judge 5th Circuit panel was reviewing an order in April by U.S. District Court Judge Matthew Kacsmaryk in Amarillo, Texas. They contend the FDA used an improper process when it approved mifepristone in 2000 and did not adequately consider the drug's safety when used by minors. The court also reversed the agency's 2016 decision to allow mifepristone to be used up to 10 weeks of pregnancy, up from seven.
Persons: Evelyn Hockstein, Matthew Kacsmaryk, Kacsmaryk, Erin Hawley, William Ho, mifepristone, telemedicine, Jennifer Walker Elrod, Wade, Brendan Pierson, Nate Raymond, Cynthia Osterman Organizations: Alamo Women's, REUTERS, Circuit, U.S, Supreme, U.S . Food, Drug Administration, White, Alliance, Hippocratic Medicine, FDA, Alliance Defending, STATES, Guttmacher Institute, American College of Obstetricians, American Medical Association, Thomson Locations: Alamo, Carbondale , Illinois, U.S, New Orleans, Amarillo , Texas, New York, Boston
Boxes of Mifepristone, the first pill in a medical abortion, are seen at Alamo Women's Clinic in Carbondale, Illinois, U.S., April 20, 2023. Circuit Court of Appeals means for doctors and patients:CAN PATIENTS STILL GET THE ABORTION PILL? WHAT IS MEDICATION ABORTION? Medication abortion is a two-drug regimen consisting of mifepristone followed by misoprostol used to terminate a pregnancy within the first 10 weeks. If the ruling is upheld, doctors could still prescribe the abortion pill, but with restrictions.
Persons: Evelyn Hockstein, mifepristone, misoprostol, Wade, Matthew Kacsmaryk, Danco, GenBioPro, Brendan Pierson, Noeleen Walder, Lisa Shumaker Organizations: Alamo Women's, REUTERS, New, Circuit, U.S, Supreme, Danco Laboratories, FDA, Hippocratic Medicine, U.S . Food, Drug Administration, District, Thomson Locations: Carbondale , Illinois, U.S, New Orleans, United States, Texas, Amarillo , Texas
Circuit Court of Appeals stopped short of ruling that the drug must be pulled off the market altogether, as a lower court had done. A spokesperson for the U.S. Department of Justice said that the Biden administration will appeal the ruling to the U.S. Supreme Court. President Joe Biden, a Democrat, supports abortion rights and last year ordered the federal health agency to expand access to mifepristone. [1/2]Used boxes of Mifepristone, the first pill in a medical abortion, line a trash can at Alamo Women's Clinic in Carbondale, Illinois, U.S., April 20, 2023. The U.S. Supreme Court last year overturned its landmark Roe v. Wade ruling that had legalized abortion nationwide.
Persons: Biden, Joe Biden, Matthew Kacsmaryk, Kacsmaryk, Erin Hawley, Susan B, Anthony Pro, Alexis McGill Johnson, Evan Masingill, Evelyn Hockstein, James Ho, mifepristone, telemedicine, Jennifer Walker Elrod, Wade, Brendan Pierson, Patrick Wingrove, Nate Raymond, Sharon Bernstein, Trevor Hunnicutt, Cynthia Osterman Organizations: Circuit, U.S . Department of Justice, U.S, Supreme, Alliance, Hippocratic Medicine, FDA, Alliance Defending, Planned Parenthood Federation of America, U.S . Food, Alamo Women's, REUTERS, Guttmacher Institute, American College of Obstetricians, American Medical Association, Reuters, Thomson Locations: U.S, New Orleans, Amarillo , Texas, Alamo, Carbondale , Illinois, New York, Boston, Sacramento , California, Washington
A federal appeals court on Wednesday imposed restrictions on the abortion pill mifepristone, though the ruling will not have an immediate impact. The ruling by the U.S. 5th Circuit Court of Appeals is paused from taking effect until the Supreme Court makes a decision about the case. The appeals court Wednesday ruled that the several decisions the Food and Drug Administration took to make the abortion pill more broadly available to women were illegal. If the Supreme Court upholds Wednesday's ruling, women would no longer be able to obtain the abortion pill by mail. That is basically the narrative you all are putting forth — nobody should ever question the FDA," Ho said during the hearing.
Persons: Biden, Jennifer Walker Elrod, Judge James Ho, mifepristone, Roe, Wade, Elrod, George W, Bush, Ho, Cory Wilson, Donald Trump, Danco Organizations: Alamo Women's, U.S, and Drug Administration, FDA, Food, Circuit, Danco Laboratories, Alliance for Hippocratic Medicine, Republican Locations: Carbondale , Illinois, U.S
Her best guess is that even though there are no legal restrictions on birth control in the US, this practice might have been anticipating some. “So we had talked about it with her before, and the decision to get birth control was really independent from the whole [end of] Roe v. Wade. There, anyone under 18 needs their parent’s permission to get birth control – even if they’re already a parent themselves. In the meantime, Title X clinics in Texas have stopped providing birth control to teens unless they get their parents’ OK. To them, she said, getting a teenager birth control was like giving her permission to have sex.
Persons: Court’s Dobbs, Christine, , , Dobbs, “ I’ve, ” “, ’ ”, you’re, you’ve, ’ “ Christine, Nobody, Christine’s, ‘ we’re, isn’t, royally, Christine said, ” Christine, Adam, “ She’s, She’s, she’s, Roe, Wade, ” Adam, what’s, she’ll, ” Adam’s, , they’re, Matthew Kacsmaryk, X, , Graci D’Amore, we’ve, there’s, Opill, Kathleen, hasn’t, ’ ” Kathleen, I’ve, Dr, Sanjay Gupta, ” Kathleen Organizations: CNN, Catholic, wouldn’t, Alliance for Hippocratic Medicine, Food, ACT, Guttmacher Institute, US Centers for Disease Control, FDA, CNN Health Locations: United States, Wisconsin, Louisiana, Texas, , Florida
WILMINGTON, Delaware, June 29 (Reuters) - A legal case making its way through the courts could remove the abortion pill mifepristone from the market or restrict access to the drug. George Delgado - A California palliative care specialist, Delgado helped pioneer "abortion reversal" treatments for women who change their mind after taking mifepristone. Circuit Court of Appeals as an example of the harm caused by the approval of the abortion pill. The American College of Obstetrics and Gynecologists has said abortion reversal is not supported by science and does not meet clinical standards. Foley said in his abortion pill testimony he also treats women for abortion pill reversal.
Persons: George Delgado, Delgado, mifepristone, Gynecologists, Ingrid Skop, Skop, Donna Harrison, Harrison, Tyler Johnson, Johnson, AAPLOG, Steven Foley, Foley, CMDA, Tom Hals, Rosalba O'Brien Organizations: U.S, Circuit, Appeals, American, of Obstetrics, American Association of Pro, Christian Medical, Dental, Charlotte Lozier Institute, Reuters, Indiana, Alliance, Hippocratic, Republican, FDA, Thomson Locations: WILMINGTON , Delaware, California, Texas, Florida, North Dakota, An Indiana, Indiana, Wilmington , Delaware
REUTERS/Evelyn Hockstein/File PhotoWILMINGTON, Delaware, June 29 (Reuters) - A prominent U.S. lawsuit to ban the abortion pill mifepristone has focused on the drug's safety and approval process. Skop and 10 other doctors submitted their testimony when the case began in November. She said she was harmed by the FDA expanding access to the pill because she has treated dozens of women at her hospital's emergency room with mifepristone complications. Erin Hawley, an attorney with the Alliance Defending Freedom legal organization representing the plaintiffs, said abortion sets the case apart. In the abortion pill case, the two initial court rulings found harm to Skop and other doctors was "impending" because the mifepristone label says the treatment may be unsuccessful in up 7% of women.
Persons: Evelyn Hockstein, mifepristone, Ingrid Skop, Roe, Wade, Skop, doesn’t, Leah Litman, Erin Hawley, Hawley, Matthew Kacsmaryk, Samuel Alito's, Danco, Tom Hals, Amy Stevens, Deepa Babington Organizations: Alamo Women's, REUTERS, U.S . Food, Drug Administration, Supreme, FDA, University of Michigan Law School, Alliance Defending, Alliance for Hippocratic, District, Appeals, U.S, Fifth, Amnesty International, Danco Laboratories, Thomson Locations: Carbondale , Illinois, U.S, WILMINGTON , Delaware, Texas, America, Amarillo , Texas, Amarillo, New Orleans, Louisiana, United States, Wilmington , Delaware
May 17 (Reuters) - Federal appeals court judges appeared to express support on Wednesday for opponents of the abortion pill mifepristone to pursue their challenge to its U.S. approval, which has potentially far-reaching consequences for abortion access across the country. Circuit Court of Appeals in New Orleans to overturn last month's unprecedented ruling by U.S. District Judge Matthew Kacsmaryk in Amarillo, Texas suspending mifepristone's approval. [1/2] A patient prepares to take Mifepristone, the first medication in a medical abortion, at Alamo Women's Clinic in Carbondale, Illinois, U.S., April 20, 2023. Circuit Judges James Ho and Wilson were appointed by Donald Trump. SAFE AND EFFECTIVEMifepristone remains available for now, following an emergency order from the U.S. Supreme Court putting Kacsmaryk's order on hold during the appeal.
[1/2] A patient prepares to take Mifepristone, the first medication in a medical abortion, at Alamo Women's Clinic in Carbondale, Illinois, U.S., April 20, 2023. REUTERS/Evelyn Hockstein/File PhotoMay 17 (Reuters) - U.S. appeals court judges began hearing arguments on Wednesday in a legal battle over the availability of the abortion pill mifepristone, with potentially far-reaching consequences for abortion access across the United States. Circuit Court of Appeals in New Orleans to overturn last month's unprecedented ruling by U.S. District Judge Matthew Kacsmaryk in Amarillo, Texas suspending mifepristone's approval. Danco Laboratories, which sells the drug under the brand name Mifeprex, is also expected to argue before the court. The emergency room doctors said they were being forced to complete surgical abortions, which was against their conscience, for women who took the pill and failed to complete a medical abortion.
Evelyn Hockstein | ReutersA federal appeals court will hear arguments Wednesday afternoon in a closely watched lawsuit that seeks to pull the abortion pill mifepristone from the U.S. market. The hearing at the U.S. 5th Circuit Court of Appeals in New Orleans comes 11 months after the Supreme Court ruled there was no longer a federal constitutional right to abortion. But if it refuses to hear an appeal, the 5th Circuit decision will be the final word on the drug's fate. Days later, the DOJ appealed Kacsmaryk's decision to the 5th Circuit, which handles cases arising from the Northern District of Texas. He said the Supreme Court will likely agree to take the case if the 5th Circuit panel decides to pull mifepristone from the U.S. market.
[1/2] A patient prepares to take Mifepristone, the first medication in a medical abortion, at Alamo Women's Clinic in Carbondale, Illinois, U.S., April 20, 2023. REUTERS/Evelyn Hockstein/File PhotoMay 17 (Reuters) - A federal appeals court in New Orleans will hear arguments on Wednesday in a closely watched case brought by anti-abortion activists seeking to ban the abortion pill mifepristone, with potentially far-reaching impact on abortion access across the United States. Circuit Court of Appeals to overturn last month's unprecedented ruling by U.S. District Judge Matthew Kacsmaryk in Amarillo, Texas suspending mifepristone's FDA approval. Mifepristone remains available for now, following an emergency order from the U.S. Supreme Court putting Kacsmaryk's order on hold during the appeal. Whichever way the 5th Circuit panel rules, the decision is sure to be appealed, first to the full court and then to the U.S. Supreme Court.
May 8 (Reuters) - A case brought by anti-abortion groups seeking to ban the abortion pill mifepristone nationwide will be heard next week by a panel of three deeply conservative judges hostile to abortion rights, a federal appeals court revealed on Monday. Circuit Court of Appeals panel in New Orleans on May 17 to overturn a court order that suspended the federal government's approval of mifepristone. The U.S. Supreme Court put that order on hold, meaning that mifepristone remains available while the case is appealed. In 2021, Ho was in the majority in a 2-1 ruling refusing to block Texas's six-week abortion ban. Wilson, another Trump appointee, as a state legislator voted to ban abortion once fetal cardiac activity is detected, around six weeks.
The Dobbs ruling, which returned the regulation of abortion to the individual states, has led to legislation that restricts abortion, including medication abortion, in many states. In response to the rapidly changing post-Dobbs legal landscape, this article addresses health plan coverage of abortion, medication abortion coverage and litigation, abortion-related travel benefits, and related Practical Law resources concerning these topics. The insurer in a fully insured health plan, health maintenance organization (HMO), or similar arrangement:Assumes the risk of providing health coverage for insured events by paying medical costs for eligible claims incurred under the plan. Self-Funded Health PlansBy contrast, employers with self-funded arrangements may have more discretion in providing coverage for abortion and related services. Changes to plan coverage of medication abortion will likely require plan administrators to:(For more on coverage of medication abortion, see Newly Launched, ReproductiveRights.gov Website Addresses Access to Medication Abortion (Mifepristone) Using Telehealth on Practical Law.)
Circuit Court of Appeals, called the April 7 order by U.S. District Judge Matthew Kacsmaryk "abrupt and profoundly disruptive." The 5th Circuit is preparing to hear May 17 arguments on the matter after the U.S. Supreme Court last week put on hold Kacsmaryk's order. Danco Laboratories, which manufactures the brand-name version of the drug, was due to make a separate filing with the 5th Circuit. A panel of three 5th Circuit judges is scheduled to hear arguments on whether to uphold Kacsmaryk's order. The 5th Circuit has a conservative reputation, with 12 of its 16 active judges appointed by Republican presidents.
The Supreme Court’s Abortion Pill Reprieve
  + stars: | 2023-04-23 | by ( The Editorial Board | ) www.wsj.com   time to read: 1 min
Photo: Alex Brandon/Associated PressAmerica’s supposed descent into “The Handmaid’s Tale” was put on pause Friday after the Supreme Court stayed a lower-court order restricting access to the abortion pill mifepristone. Note the irony of progressives praising the same High Court they call a threat to democracy and women’s rights. FDA v. Alliance for Hippocratic Medicine arrived on the Court’s emergency docket after a district court judge issued a nationwide injunction against the Food and Drug Administration’s 2000 mifepristone approval and later relaxation of safety protocols. A Fifth Circuit Court of Appeals panel let the drug stay on the market but blocked the dispensing rule changes.
HOW DID THE CASE GET TO THE SUPREME COURT? The Biden administration and Danco immediately asked the Supreme Court to overrule the 5th Circuit and impose an emergency stay. WHAT DID THE SUPREME COURT DO? The injunction was not at issue before the Supreme Court, and remains in effect. Once it does come, the losing side will again have the chance to appeal to the 5th Circuit and, eventually, the Supreme Court.
However the 5th Circuit rules, the case will likely continue for months or years. HOW DID THE CASE GET TO THE 5TH CIRCUIT? WHAT COULD THE 5TH CIRCUIT DO? No matter what the court does, the losing party will have a chance to appeal to the full 5th Circuit and then to the U.S. Supreme Court. Once it does come, the losing side will again have the chance to appeal to the 5th Circuit and, eventually, the Supreme Court.
It is the second time in a year that the Supreme Court has considered a major effort to sharply curtail access to abortion. Less than an hour later, a federal judge in Washington State, Thomas O. The competing rulings meant that the matter was almost certainly headed to the Supreme Court. But the panel imposed several barriers to access, siding in part with Judge Kacsmaryk, while the lawsuit moved through the courts. Seeking emergency relief, the Biden administration asked the Supreme Court to intervene while a fast-tracked appeal moved forward.
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