BY DAVID S. COHEN, GREER DONLEY, AND RACHEL REBOUCHE
MARCH 21, 2023

There are so many problems with the federal case in Texas challenging the approval of mifepristone, the first of two drugs given as part of a medication abortion. On the procedural side of things, just to name a few, the statute of limitations has long run out, the plaintiffs have not exhausted their administrative remedies, they haven’t identified a provision of law that has been violated, and their claimed injury makes no sense. On substance, again just to name a few, mifepristone is one of the safest drugs on the market, pregnancy is a medical condition for which the FDA can approve drugs, and the act on which the case relies has been basically a dead letter for a century. This case really is frivolous and should garner no real attention.

But, of course, we’re talking about this case repeatedly because of the real fear that the plaintiffs successfully hand-picked one of the few federal judges in the country who will ignore all this and rule in their favor. So, there is no such thing as giving this case too much scrutiny. And in that vein, it’s worth explaining how the release of the transcript from last Wednesday’s argument reveals yet another flaw with the case—lack of redressability—that should end the case immediately.

Continued: https://slate.com/news-and-politics/2023/03/abortion-pill-mifepristone-misoprostol-ban-fail.html