USA – Justices appear skeptical of call to restrict abortion pill

A decision, likely to come in June, would be a major victory for the FDA’s authority to regulate prescription drugs and for abortion-rights advocates who have sought to protect access to mifepristone.

By ALICE MIRANDA OLLSTEIN and JOSH GERSTEIN
03/26/2024

The Supreme Court on Tuesday appeared skeptical of an effort to restrict access to a widely used abortion pill — with conservative and liberal justices alike raising questions about whether anti-abortion doctors can prove concrete injuries that give them standing to sue and whether a national judicial ruling rolling back availability of the drug is justified.

During the roughly 90 minutes of oral arguments, two conservative justices likely to be pivotal votes in the case — Neil Gorsuch and Amy Coney Barrett — expressed repeated doubts about harms the anti-abortion physicians claimed they’ve faced in treating patients who’ve taken abortion pills and needed follow-up care. Those two justices also questioned whether curtailing access to the drug would address those alleged harms.

Continued: https://www.politico.com/news/2024/03/26/scotus-restrict-abortion-pill-mifepristone-00149039


USA – The Current Attack on Abortion Pills Will Fail. The Next One Will Be So Much Worse.

BY DAHLIA LITHWICK AND MARK JOSEPH STERN
MARCH 26, 2024

There are always a couple of tells when the most conservative Supreme Court in more than a century finds itself adjudicating a truly mortifying and meritless case. One is that it’s coming up by way of the U.S. Court of Appeals for the 5th Circuit, a court that so consistently shovels its worst constitutional garbage upward that the high court conservatives are often forced to reluctantly lob it back. Another tell is when the facts of the case are so laugh-out-loud insane that even conservative justices can’t bring themselves to adopt them or the underpinning legal reasoning with a straight face. There’s yet a third tell: when the conservative justices start injecting a bunch of nonsense and randomized pet peeves into oral argument to distract from how embarrassing it would be to discuss the merits of the actual case.

Continued: https://slate.com/news-and-politics/2024/03/mifepristone-supreme-court-alito-national-abortion-ban.html


The Supreme Court’s new abortion pill decision, explained

The justices hand down the first decision in the mifepristone litigation saga that is not completely unhinged.

By Ian Millhiser 

Apr 21, 2023

The Supreme Court handed down a brief order on Friday in Danco Laboratories v. Alliance for Hippocratic Medicine, a lawsuit asking the federal judiciary to effectively ban mifepristone, a drug used in more than half of all abortions in the United States.

The most immediate impact of the Court’s new order is that the justices voted to stay lower court decisions that would have cut off access to mifepristone, at least for the time being. That means that mifepristone remains available, and that patients who live in states where abortion is legal may still obtain the drug in the same way they would have obtained it if this lawsuit had never been filed.

Continued: https://www.vox.com/politics/2023/4/21/23686788/supreme-court-abortion-pill-ruling-mifepristone-fda-alliance-hippocratic-medicine


How Ginsburg’s death and Kavanaugh’s maneuvering shaped the Supreme Court’s reversal of Roe v. Wade and abortion rights

By Joan Biskupic, CNN Senior Supreme Court Analyst
Thu March 23, 2023

Editor’s Note: Adapted from “NINE BLACK ROBES: Inside the Supreme Court’s Drive to the Right and Its Historic Consequences,” by Joan Biskupic, to be published April 4 by William Morrow.

Within days of Justice Ruth Bader Ginsburg’s memorial service in late September 2020, boxes of her files and other office possessions were moved down to a dark, windowless theater on the Supreme Court’s ground floor, where – before the ongoing pandemic – tourists could watch a film about court operations.

Grieving aides to the justice who’d served 27 years and become a cultural icon known as the “Notorious RBG” sorted through the chambers’ contents there.

Continued: https://www.cnn.com/2023/03/23/politics/supreme-court-abortion-joan-biskupic-nine-black-robes/index.html


U.S. Supreme Court says it is unable to identify the person who leaked draft of abortion ruling

The court was rocked by a highly unusual leak of a draft opinion that previewed its ruling in June rolling back abortion rights.

Jan. 19, 2023
By Lawrence Hurley

WASHINGTON — The Supreme Court announced Thursday that after a lengthy investigation it has been unable to conclusively identify who leaked an unpublished draft of an opinion indicating the court was poised to roll back abortion rights.

In an unsigned statement, the court said that all leads had been followed up and forensic analysis had been performed but that "the team has to date been unable to identify a person responsible by a preponderance of the evidence."

Continued: https://www.nbcnews.com/politics/supreme-court/supreme-court-says-unable-identify-person-leaked-draft-abortion-ruling-rcna66578


The inside story of how John Roberts failed to save abortion rights

Joan Biskupic, CNN legal analyst & Supreme Court biographer
Tue July 26, 2022

Chief Justice John Roberts privately lobbied fellow conservatives to save the constitutional right to abortion down to the bitter end, but May's unprecedented leak of a draft opinion reversing Roe v. Wade made the effort all but impossible.

It appears unlikely that Roberts' best prospect -- Justice Brett Kavanaugh -- was ever close to switching his earlier vote, despite Roberts' attempts that continued through the final weeks of the session.

Continued: https://www.cnn.com/2022/07/26/politics/supreme-court-john-roberts-abortion-dobbs/index.html


USA – What a Roberts compromise on abortion could look like

It’s a longshot, but court watchers are closely eyeing the chief justice for middle ground on Roe.

By JOSH GERSTEIN
06/19/2022

When the two sides in the abortion debate squared off at the Supreme Court last fall, they agreed on one thing: There was no middle ground.

Now, any hope abortion rights supporters have of avoiding a historic loss before the court lies with Chief Justice John Roberts crafting an unlikely compromise. In the wake of POLITICO’s report last month on a draft majority opinion that would overturn Roe v. Wade, Roberts would have to convince at least one of his five Republican-appointed colleagues to sign on to a compromise ruling that would preserve a federal constitutional right to abortion in some form while giving states even more power to restrict that right.

https://www.politico.com/news/2022/06/19/john-roberts-compromise-abortion-supreme-court-00040720


Women who are denied abortions risk falling deeper into poverty. So do their kids

May 26, 2022
Jennifer Ludden

Like most women seeking an abortion, Brittany Mostiller already had children when she unexpectedly got pregnant again. "I had two young daughters both under the age of 5, sharing a two-bedroom apartment with my sister," she says. She'd also just been laid off from her overnight job as a greeter for Greyhound buses. Her unemployment benefits were less than her wages there, and nearly all of them went toward rent and utilities. "I'm not even sure I had a cellphone at that time," she says. "If I did, it was certainly on and off," to save money.

Continued:https://www.npr.org/2022/05/26/1100587366/banning-abortion-roe-economic-consequences


Leaked Supreme Court draft opinion in abortion case leaves questions about shape of final ruling

Roberts may be working on an alternative opinion, analyst says

Joan Biskupic, CNN
Thu May 12, 2022

(CNN) Politico's publication last week of Justice Samuel Alito's first draft in a Mississippi abortion dispute opened an exceptional window on the inner workings of the Supreme Court.

Yet, as significant as the disclosure was --
involving such an early draft in a case of such magnitude -- much remains
hidden.

Continued:  https://www.cnn.com/2022/05/12/politics/supreme-court-draft-opinion/index.html


The Devastating Economic Impacts of an Abortion Ban

The overturning of Roe v. Wade would seriously hinder women’s education, employment, and earning prospects.

By Sheelah Kolhatkar
May 11, 2022

Last December, oral arguments were held before the Supreme Court in Dobbs v. Jackson Women’s Health Organization, the case leading to the leaked draft opinion last week that, if finalized, would overturn Roe v. Wade. During one especially illuminating moment, Chief Justice John Roberts attempted to draw Julie Rikelman—the litigation director of the Center for Reproductive Rights, who was arguing to have a ban on abortions after fifteen weeks in the state of Mississippi overturned—into a back-and-forth about the significance of the cutoff for having access to an abortion. Rikelman made a broader argument, that narrowing women’s access to the procedure could disproportionately harm low-income women or those experiencing personal crises. She turned to numbers to bolster her argument. “In fact,” Rikelman said, “the data has been very clear over the last fifty years that abortion has been critical to women’s equal participation in society. It’s been critical to their health, to their lives, their ability to pursue—”

“I’m sorry, what—what kind of data is that?” Roberts interrupted.

Continued: https://www.newyorker.com/business/currency/the-devastating-economic-impacts-of-an-abortion-ban