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

13.06.2024

FDA v. Alliance for Hippocratic Medicine

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

USA – The Anti-Abortion Movement’s Biggest Fear

BY DAHLIA LITHWICK
MARCH 25, 2024

On Tuesday, the Supreme Court is scheduled to hear oral arguments in FDA v. Alliance for Hippocratic Medicine, a case that could determine national access to mifepristone, one of two pills used as part of medication abortion. In this week’s episode of Amicus, Dahlia Lithwick spoke with Carrie N. Baker, whose book, History and Politics of Abortion Pills in the United States, is being published by Amherst College Press this year.

Lithwick and Baker discussed the anti-abortion movement’s decadeslong efforts to target the abortion pill, how those efforts hampered FDA approval of the medication in the first place, and how having easier access to reproductive care through a pill that can be sent in the mail and taken at home fundamentally threatens the strategy of those seeking to dismantle abortion rights in this country. The following transcript has been edited for length and clarity.

Continued: https://slate.com/news-and-politics/2024/03/abortion-pill-supreme-court-preview-mifepristone-history.html

What It’s Really Like to Challenge Texas’ Absurd Abortion Laws

The government won’t admit what it’s actually doing.

BY DAHLIA LITHWICK
DEC 18, 2023
(1-hour podcast, partial transcript)

… Last summer, Amanda Zurawski and a number of plaintiffs sued to have Texas clarify its inscrutable and malleable “exception” rule, that, as it currently stands, does not seem to allow many exceptions at all, and instead threatens all abortion providers with losing their licenses, paying extortionate fines, and going to prison for 99 years if they help their clients access such care. That case went to the Texas Supreme Court on the same day Kate Cox learned that her baby would die of trisomy 18, the week before the Texas courts forced her to travel out of state to terminate her pregnancy.

On Amicus this week, Amanda Zurawski, the lead plaintiff in that ongoing Texas lawsuit, and one of her lawyers, Jamie Levitt, of Morrison and Foerster, who joined with the Center for Reproductive Rights to protect the rights of women in Texas, joined the show. Our conversation, lightly edited for clarity, follows.

Continued: https://slate.com/news-and-politics/2023/12/amanda-zurawski-on-challenging-texas-abortion-law.html

USA – A 150-Year-Old Law Could Ban Abortion Nationwide

The legal zombie may be unconstitutional, but that didn’t stop conservative judges from citing it in their recent mifepristone decisions.

BY DAHLIA LITHWICK
APRIL 15, 2023

Judge Matthew Kacsmaryk’s blockbuster opinion last week ordered the suspension of the Food and Drug Administration’s 23-year-old approval of mifepristone, the first pill used in a medication abortion. In the text, the judge invoked a bizarre bit of legal reasoning: the Comstock Act, a law that Congress passed in 1873 to ban sending pornographic literature, contraceptives, and early abortion-inducing substances through the mail. The law has been criticized as overly broad, even unconstitutional, and archaic for much of its 150-year history. But on Thursday, the 5th Circuit Court of Appeals affirmed much of Kacsmaryk’s ruling, including his invocation of Comstock.

On Slate’s legal and courts podcast Amicus, host Dahlia Lithwick discussed the far-reaching implications of the Comstock Act’s dubious resurrection and rehabilitation by these conservative judges with Mary Ziegler, an expert on the law, history, and politics of reproductive health care and conservatism in the U.S. from 1945 to the present. Ziegler is a professor at the University of California–Davis School of Law, and the author of Roe: The History of a National Obsession. A transcript of their conversation below has been edited and condensed for clarity.

Continued : https://slate.com/news-and-politics/2023/04/abortion-pill-ban-comstock-act-history-mifepristone-kacsmaryk.html

Roe v. Wade Is Now in the Hands of the Three Trump Justices

Does that mean it might be safe?

BY DAVID S. COHEN AND DAHLIA LITHWICK
JULY 28, 2021

One of the most interesting fissures that has opened up within the conservative legal movement in recent years has been between mainstream conservative lawyers and the growing performance artist faction of the lawyers for the Trump base. Soon, the conservative justices themselves will have to pick which side of the battle they are on: With the filing last week of a brief that explicitly asks the Supreme Court to overturn Roe v. Wade, the state of Mississippi is forcing the court’s three newest Trump-appointed justices to choose between institutional stability and law that channels right-wing internet memes.

Continued: https://slate.com/news-and-politics/2021/07/mississippi-roe-challenge-barrett-kavanaugh-gorsuch.html