Supreme Court ENDS IT For Conservatives In Major Unanimous Decision

OPINION:  This article contains commentary which may reflect the author’s opinion

On Thursday, the U.S. Supreme Court denied an appeal by pro-life advocates who wanted to limit access to an abortion medication nationwide. The activists’ argument was that the medication violated state laws that completely forbid the practice.

Fox News covered the historic ruling, which held that the Food and Drug Administration (FDA) can authorize the use of the abortion-inducing medication mifepristone when women meet the medical requirements for treatment but reside in states where abortion is illegal in any form. The FDA’s 2022 recommendation was contested by pro-life activists and Texas government representatives, but the top court determined that they lacked standing to file the lawsuit.

“Under Article III of the Constitution, a plaintiff’s desire to make a drug less available for others does not establish standing to sue. Nor do the plaintiffs’ other standing theories suffice,” Justice Brett Kavanaugh wrote, who authored the unanimous opinion. “The plaintiffs have sincere legal, moral, ideological, and policy objections to elective abortion and to FDA’s relaxed regulation of mifepristone,” he said. “But under Article III of the Constitution, those kinds of objections alone do not establish a justiciable case or controversy in federal court.”

“Here, the plaintiffs have failed to demonstrate that FDA’s relaxed regulatory requirements likely would cause them to suffer an injury in fact. For that reason, the federal courts are the wrong forum for addressing the plaintiffs’ concerns about FDA’s actions,” he said. “The plaintiffs may present their concerns and objections to the President and FDA in the regulatory process, or to Congress and the President in the legislative process. And they may also express their views about abortion and mifepristone to fellow citizens, including in the political and electoral processes,” he wrote.

Justices heard arguments from both parties in March over whether the FDA can override state laws that prohibit shipping mifepristone to women seeking abortions. The New York Times reports that twenty-one states have imposed limitations on the method that was safeguarded by Roe v. Wade, which was overturned in 2022. According to Fox, two of these states forbid abortions upon the discovery of a fetal heartbeat, which usually occurs during the sixth week of pregnancy. The remaining fourteen states forbid abortions entirely or in most circumstances.

The decision was made the day after former President Donald Trump addressed the fiercely conservative Southern Baptist church annual conference, where some of the nation’s most ardent pro-life activists were hoping for assurances that the Republican would stick to his pro-life positions should he win reelection. Instead of making an in-person appearance, Trump chose to make a two-minute video in which he avoided using the word “abortion.” A few months prior, he had backed Republicans’ efforts to preserve the practice of in-vitro fertilization, which the Southern Baptist church had declared to be opposed at the gathering.

 

 

 

 

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