USA – The Supreme Court’s Abortion Pill Ruling Should Satisfy Nobody

BY DAHLIA LITHWICK AND MARK JOSEPH STERN
JUNE 13, 2024

On Thursday, the Supreme Court did the bare minimum necessary to operate like an actual court of law, unanimously throwing out an absurd and dangerous lawsuit against medication abortion. The justices do not deserve extra credit for refusing to embrace this deeply unserious litigation, and they should earn no gold stars for maintaining the legal status quo on abortion pills. They merely acted as minimally responsible adults in a room of sugared-up preschoolers, shutting down the lower courts’ lawless rampage over all known rules of standing in desperate pursuit of an anti-abortion agenda. It is chilling to the bone that activist lawyers and judges were able to wreak as much havoc as they did before SCOTUS put them in timeout.

And this bad joke of a case isn’t even over: A lower court has already teed up a do-over that could once again jeopardize access to reproductive care in all 50 states. Don’t call this decision a victory. It is at best a reprieve—an election-year performance of Supreme Court unanimity and sobriety that masks the damage the conservative supermajority has already inflicted, as well as the threats to reproductive freedom that lie ahead.

Continued: https://slate.com/news-and-politics/2024/06/supreme-court-abortion-pill-ruling-2024-comstock-threat.html


U.S. Supreme Court unanimously strikes down legal challenge to abortion pill mifepristone

The ruling preserves access to the mail-order medication nationwide.

By Devin Dwyer
June 13, 2024

The U.S. Supreme Court on Thursday ruled a group of doctors lacked legal standing to challenge the Food and Drug Administration's regulation of the abortion pill mifepristone, preserving access to the medication nationwide.

The unanimous opinion was authored by Justice Brett Kavanaugh.

The case put abortion access back in the spotlight for the court for the first time since its conservative majority voted to overrule Roe v. Wade in 2022.

Continued: https://abcnews.go.com/Politics/supreme-court-unanimously-strikes-legal-challenge-abortion-pill/story?id=110439079


USA – Do women still have a right to stabilizing abortion care under federal law?

BY MICHAEL J. DELL, OPINION CONTRIBUTOR
02/02/24

Almost two years ago, the Supreme Court eliminated the constitutional right to abortion that had been recognized for almost 50 years.

Now, in Moyle v. United States, the court has strongly hinted that it is ready to eliminate the limited statutory protection for patients who need emergency abortions under the federal Emergency Medical Treatment and Labor Act (EMTALA), which was enacted by Congress in 1986.

Continued: https://thehill.com/opinion/healthcare/4444695-do-women-still-have-a-right-to-stabilizing-abortion-care-under-federal-law/


USA – Doctors face ‘a perpetual rollercoaster’ as abortion returns to the Supreme Court

Two cases — one concerning medication abortion and another about providing the procedure in medical emergencies — could further upend a profession already under siege.

Shefali Luthra, Health Reporter
January 19, 2024

Less than two years ago, the Supreme Court eliminated the federal right to an abortion, a decision that the court’s conservative majority suggested would remove them from further litigation of abortion rights..

”The Court’s decision properly leaves the question of abortion for the people and their elected representatives in the democratic process,” Justice Brett Kavanaugh wrote in a concurring opinion.

Continued: https://19thnews.org/2024/01/doctors-emtala-mifepristone-impact-abortion-supreme-court/


Behind the Scenes at the Dismantling of Roe v. Wade

By Jodi Kantor and Adam Liptak
Dec. 15, 2023

On Feb. 10 last year, Justice Samuel A. Alito Jr. showed his eight colleagues how he intended to uproot the constitutional right to abortion.

At 11:16 a.m., his clerk circulated a 98-page draft opinion in Dobbs v. Jackson Women’s Health Organization. After a justice shares an opinion inside the court, other members scrutinize it. Those in the majority can request revisions, sometimes as the price of their votes, sweating sentences or even words.

Continued: https://www.nytimes.com/2023/12/15/us/supreme-court-dobbs-roe-abortion.html


5 Takeaways From Inside the Overturning of Roe v. Wade

A Times investigation reveals the behind-the-scenes story of how the Supreme Court abolished the constitutional right to abortion.

By Jodi Kantor and Adam Liptak
Dec. 15, 2023

By the time the Supreme Court overturned Roe v. Wade last year, a draft of the ruling had been leaked to the press and the outcome was anticipated. The story behind the decision seemed obvious: The constitutional right to abortion effectively had died with Justice Ruth Bader Ginsburg, whose replacement, Amy Coney Barrett, was a favorite of the anti-abortion movement.

But that version is far from complete. The New York Times pieced together the hidden narrative behind this titanic shift in the law, drawing on internal documents, contemporaneous notes and interviews with court insiders who had real-time knowledge of the events.

Continued: https://www.nytimes.com/2023/12/15/us/supreme-court-dobbs-roe-abortion-takeaways.html


Ohio voters just passed abortion protections. When and how they take effect is before the courts

BY JULIE CARR SMYTH
November 24, 2023

COLUMBUS, Ohio (AP) — Ohio’s new constitutional protections for abortion access and other reproductive rights take effect Dec. 7, a month after voters resoundingly passed them. How and when their impacts are felt remains unclear.

Existing abortion-related lawsuits are moving again through the courts now that voters have decided the issue, raising questions about implementation.

Continued: https://apnews.com/article/abortion-ohio-constitutional-amendment-republicans-courts-fb1762537585350caeee589d68fe5a0d


The unconstitutional plan to stop women from traveling out of state for an abortion, explained

The age of travel bans is now upon us.

By Ian Millhiser 

Sep 12, 2023

More than a year ago, anti-abortion activists appeared eager to prohibit anyone seeking an abortion in a state where it is banned from traveling to another state where it is legal. Indeed, many lawmakers appeared so eager to enact such travel bans that Justice Brett Kavanaugh, of all people, attempted to cut off these laws before they could be enacted.

“May a State bar a resident of that State from traveling to another State to obtain an abortion?” Kavanaugh asked in his concurring opinion in Dobbs v. Jackson Women’s Health Organization (2022), the decision overruling Roe v. Wade. “In my view, the answer is no,” Kavanaugh replied to his own question, “based on the constitutional right to interstate travel.” The Constitution has long been understood to allow US citizens to travel among the states.

Continued: https://www.vox.com/23868962/texas-abortion-travel-ban-unconstitutional


USA – The Right’s War on Abortion Was Never About Legal Doctrine

The justices in the Dobbs majority promised to return abortion “to the people’s elected representatives.” For conservative activists, this was just the beginning.

BY PETER SHAMSHIRI 
MAY 30, 2023

When the Supreme Court overturned Roe v. Wade last year in Dobbs v. Jackson Women’s Health Organization, the Court’s conservatives tried to couch the decision in moderated, legalistic terms.  

In his majority opinion, Justice Samuel Alito wrote that the Court was simply returning the power to regulate abortion “to the people’s elected representatives.” Justice Brett Kavanaugh filed a platitude-ridden concurrence stating that “on the issue of abortion, the Constitution is neither pro-life nor pro-choice. The Constitution is neutral.” Both justices were making the same point. They were claiming that the decision did not speak to the propriety of abortion, but instead was a judgment only about the scope of the Constitution.

Continued: https://ballsandstrikes.org/law-politics/dobbs-opinion-never-about-legal-doctrine/


‘The justices were kidding themselves’: Supreme Court takes up abortion after saying lawmakers should decide

The court is expected to rule by Wednesday on whether to allow an earlier decision from the 5th Circuit Court of Appeals to take effect, sharply limiting access to a commonly used abortion pill nationwide.

By ALICE MIRANDA OLLSTEIN
04/18/2023

Abortion is back before the Supreme Court just 10 months after conservative justices said they were washing their hands of the issue.

The court is expected to rule by Wednesday on whether to allow an earlier decision from the 5th Circuit Court of Appeals to take effect, sharply limiting access to a commonly used abortion pill nationwide. The lower court ruling, which the Biden administration wants paused while the legal battle plays out, would prohibit telemedicine prescriptions, mail delivery and retail pharmacy dispensing of the drug.

Continued: https://www.politico.com/news/2023/04/18/supreme-court-abortion-pill-00092529