The Supreme Court’s dedication to the “leave it to the states” theory of abortion access will be tested Tuesday, as the justices hear a case in which anti-abortion doctors attempt to make the abortion drug mifepristone harder to access nationwide.
The group of doctors — who, coincidentally enough, incorporated in Amarillo, the domain of former anti-abortion lawyer Judge Matthew Kacsmaryk, after Dobbs — argue that they’re injured by the possibility of women having adverse reactions to mifepristone and forcing their hand in emergency room treatment. The government, slack-jawed, responds incredulously that such attenuated standing can’t possibly be grounds for a lawsuit.
The anti-abortion doctors engage in pseudoscience about the drug’s riskiness and adopt a paternalistic concern about the millions of women who have already taken the drug safely in the more than 20 years since it was approved. They also dabble in anti-administrative state waters, clearly hoping to trigger the conservatives’ kneejerk opposition to powerful federal agencies.
Oral arguments begin at 10 a.m. EST. Listen live here.
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The Supreme Court’s dedication to the “leave it to the states” theory of abortion access will be tested Tuesday, as the justices hear a case in which anti-abortion doctors attempt to make the abortion drug mifepristone harder to access nationwide.
The group of doctors — who, coincidentally enough, incorporated in Amarillo, the domain of former anti-abortion lawyer Judge Matthew Kacsmaryk, after Dobbs — argue that they’re injured by the possibility of women having adverse reactions to mifepristone and forcing their hand in emergency room treatment. The government, slack-jawed, responds incredulously that such attenuated standing can’t possibly be grounds for a lawsuit.
The anti-abortion doctors engage in pseudoscience about the drug’s riskiness and adopt a paternalistic concern about the millions of women who have already taken the drug safely in the more than 20 years since it was approved. They also dabble in anti-administrative state waters, clearly hoping to trigger the conservatives’ kneejerk opposition to powerful federal agencies.