Supreme Court Issues Emergency Ruling – TRUMP WINS!

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

The United States Supreme Court unanimously dismissed a challenge to the Food and Drug Administration’s ability to regulate abortion-related medications.

Justices declared 9-0 that opponents lacked standing to challenge the FDA’s regulatory approval procedure for the abortion medication mifepristone, in a decision viewed as a victory for the Biden administration and abortion rights advocates.

“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,” wrote Justice Brett Kavanaugh, 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,” he added.

The justices remanded the matter to the Fifth Circuit, in accordance with the Court’s judgment.

The issue arose from a series of lawsuits brought by a coalition of healthcare associations, Alliance for Hippocratic Medicine, alleging that the medicine has a high rate of problems.

Erin Hawley, lawyer for the civil rights company Alliance Defending Freedom, which argued the case against the FDA, stated, “We are disappointed that the Supreme Court did not reach the merits of the FDA’s lawless removal of commonsense safety standards for abortion drugs.”

She added: “Nothing in today’s decision changes the fact that the FDA’s own label says that roughly one in 25 women who take chemical abortion drugs will end up in the emergency room — a dangerous reality the doctors and medical associations we represent in this case know all too well. The FDA recklessly leaves women and girls to take these high-risk drugs all alone in their homes or dorm, without requiring the ongoing, in-person care of a doctor.”

“While we’re disappointed with the court’s decision, we will continue to advocate for women and work to restore commonsense safeguards for abortion drugs — like an initial office visit to screen for ectopic pregnancies. And we are grateful that three states stand ready to hold the FDA accountable for jeopardizing the health and safety of women and girls across this country,” she noted further.

The justices found that the group could not demonstrate that the FDA’s weak regulatory environment is actually causing harm, denying them standing to pursue the claim.

“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,” Kavanaugh 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.

The justices heard nearly 90 minutes of arguments in March about federal government policies that have aided access to mifepristone since 2016, including postal access.

Fox News added:

In overturning Roe v. Wade in June 2022, the Supreme Court ruled in Dobbs v. Jackson Women’s Health Organization that the U.S. Constitution does not guarantee the right to an abortion and that the matter may be decided by the states.

In the aftermath, 14 states have banned abortion at all stages of pregnancy, with some exceptions, and two others have banned abortion once a fetal heartbeat is detected, which is at around six weeks of gestation. 

Mifepristone and misoprostol are combined to form medical abortion, also known as the “abortion pill.”

 

 

 

 

 

 

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