The Supreme Court, and abortion.

[Cooked Crack]

 

[gbear]

To say nothing for the spouse left to raise 4 kids alone. Praise the lawmakers who provide help for them...

[The Evil Genius]

 

[Dan T.]

 

[Cooked Crack]

 

 

[Cooked Crack]

 

[China]

The FDA’s power to approve drugs faces sweeping challenge in lawsuit seeking to pull abortion pill from U.S. market

 

The Food and Drug Administration is squaring off with anti-abortion physicians in an unprecedented legal challenge to its more than two-decade-old approval of a pill used to terminate early pregnancies.

 

The Alliance for Hippocratic Medicine asked a federal district court in Dallas late last year to declare the FDA approval unlawful and completely remove the abortion pill from the U.S. market.

 

The case has thrust the FDA in the middle of the fierce national battle over abortion access in the wake of the Supreme Court’s decision to overturn Roe v. Wade last June. If the lawsuit prevails, women across the U.S. would lose access, at least temporarily, to the most commonly used abortion method. The FDA’s powers to approve drugs would also be weakened.

The court could issue a ruling as soon as Feb. 10 when it will be fully briefed.

 

The Alliance for Hippocratic Medicine is represented by the Alliance Defending Freedom, a Christian organization that played a central role in the Dobbs vs. Jackson Women’s Health Organization case that ultimately resulted in the Supreme Court abolishing federal abortion rights.

 

Judge Matthew Kacsmaryk is hearing the challenge to the FDA’s approval of the abortion pill. Kacsmaryk was appointed by former President Donald Trump to the U.S. District Court for the Northern District of Texas in 2019.

 

If the alliance wins in federal district court, the Biden administration would appeal to the 5th Circuit in New Orleans, a conservative court with 12 of its 16 active judges appointed by Republicans. From there, the case could end up at the Supreme Court.

 

Click on the link for the full article

[Cooked Crack]

 

[Cooked Crack]

 

 

[Larry]

And it will be enshrined, until the Republicans repeal it with a simple majority vote. Or some court decides that the fetus' Right to Life overrides it. 

[EmirOfShmo]

Hmmm...

 

 

From the article:

 

The Supreme Court did not disclose its longstanding financial ties with former Homeland Security Secretary Michael Chertoff even as it touted him as an expert who independently validated its investigation into who leaked the draft opinion overturning Roe v. Wade.

The court’s inquiry, released last week with Chertoff’s endorsement, failed to identify who was responsible for the unprecedented leak. The decision to keep the relationship with Chertoff quiet is a reflection of a pattern of opacity at the nation’s highest court, whose rulings affect every American.

 

[The Evil Genius]

Wrong thread. 

Edited January 30, 2023 by The Evil Genius

[PokerPacker]

On 1/28/2023 at 9:15 AM, Larry said:

And it will be enshrined, until the Republicans repeal it with a simple majority vote. Or some court decides that the fetus' Right to Life overrides it. 

They'll need the votes and the governor not to veto.

[Cooked Crack]

 

[China]

On 1/4/2023 at 6:15 PM, Cooked Crack said:

 

 

 

20 attorneys general warn Walgreens, CVS over abortion pills

 

Attorneys general in 20 conservative-led states warned CVS and Walgreens on Wednesday that they could face legal consequences if they sell abortion pills by mail in those states.

 

A letter from Republican Missouri Attorney General Andrew Bailey to the nation’s largest pharmacy-dispensing companies was co-signed by 19 other attorneys general, warning that sale of abortion pills would violate federal law and abortion laws in many states. Missouri is among states that implemented strict abortion prohibitions last summer after the Supreme Court ruling overturning Roe v. Wade.

 

Bailey didn’t specify what legal action he would take if the pharmacies begin selling abortion pills to Missourians by mail.

 

“I will enforce the laws as written,” Bailey said in a statement in response to questions from The Associated Press. “That includes laws protecting the health of women and their unborn children. The FDA rule is in direct violation of federal law, and the unelected bureaucrats at the FDA have no authority to change Missouri law, either. The people’s elected representatives have spoken on the issue of abortion in our state, and we will fight to uphold that in court.”

 

Click on the link for the full article

[Larry]

7 hours ago, China said:

20 attorneys general warn Walgreens, CVS over abortion pills

 

Attorneys general in 20 conservative-led states warned CVS and Walgreens on Wednesday that they could face legal consequences if they sell abortion pills by mail in those states.

 

A letter from Republican Missouri Attorney General Andrew Bailey to the nation’s largest pharmacy-dispensing companies was co-signed by 19 other attorneys general, warning that sale of abortion pills would violate federal law and abortion laws in many states. Missouri is among states that implemented strict abortion prohibitions last summer after the Supreme Court ruling overturning Roe v. Wade.

 

Bailey didn’t specify what legal action he would take if the pharmacies begin selling abortion pills to Missourians by mail.

 

“I will enforce the laws as written,” Bailey said in a statement in response to questions from The Associated Press. “That includes laws protecting the health of women and their unborn children. The FDA rule is in direct violation of federal law, and the unelected bureaucrats at the FDA have no authority to change Missouri law, either. The people’s elected representatives have spoken on the issue of abortion in our state, and we will fight to uphold that in court.”

 

I think my response, if I'm Wallgreens, is to quote the portion of the Constitution that says who has the authority to regulate interstate commerce.  

 

 

[China]

The Satanic Temple opens clinic to provide 'religious abortion' care named for Justice Samuel Alito's mother

 

The Satanic Temple is opening a health clinic in New Mexico to provide "free religious medication abortion" and will name the facility "The Samuel Alito’s Mom’s Satanic Abortion Clinic" in mockery of Supreme Court Justice Samuel Alito, who authored the opinion overturning Roe v. Wade. 

 

TST Health, the new medical services arm of the nontheistic religious organization, will provide telehealth screenings and appointments to provide abortion pills to patients. These services will be provided free of charge as part of The Satanic Temple's "abortion ritual," though patients must still pay for the medications from a pharmacy, which typically cost around $90, according to the TST Health website.

 

The New Mexico facility will be operated by licensed medical staff and will make its services available to state residents who are at least 17 years old, up to 11 weeks pregnant and medically eligible for an abortion. 

 

The facility was named for Justice Alito's mother because Alito wrote the majority opinion in Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade and held that the Constitution of the United States does not confer a right to abortion.

 

Click on the link for the full article

[China]

Federal judge says constitutional right to abortion may still exist, despite Dobbs

 

A federal judge in Washington, D.C., suggested Monday that there may be a constitutional right to abortion baked into the 13th Amendment — an area she said went unexplored by the Supreme Court in its momentous decision last year overturning Roe v. Wade.

 

In a pending criminal case against several anti-abortion activists, U.S. District Court Judge Colleen Kollar-Kotelly said the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization concluded only that the 14th Amendment included no right to abortion but stopped short of definitively ruling out other aspects of the Constitution that might apply.

 

“[I]t is entirely possible that the Court might have held in Dobbs that some other provision of the Constitution provided a right to access reproductive services had that issue been raised,” the judge wrote. “However, it was not raised.”

 

Kollar-Kotelly noted that there is some legal scholarship suggesting that the 13th Amendment — which was ratified at the end of the Civil War and sought to ban slavery and “involuntary servitude” — provides just such a right. She is asking the parties in the criminal case, which involves charges of blocking access to abortion clinics, to present arguments by mid-March.

 

In particular, the judge is asking them to address ”whether the scope of Dobbs is in fact confined to the Fourteenth Amendment” and “whether, if so, any other provision of the Constitution could confer a right to abortion as an original matter … such that Dobbs may or may not be the final pronouncement on the issue, leaving an open question.”

 

Kollar-Kotelly’s request stems from a year-old case against 10 defendants, who are charged with conspiring to block access to a Washington, D.C., abortion clinic.

 

Click on the link for the full article

[Spearfeather]

How have the pregnancy centers and clinics been faring lately ?

Hopefully better than they were over the summer.

[China]

On 1/26/2023 at 3:41 PM, Cooked Crack said:

 

 

Is that Jon Bon Jovi?

[China]

Dobbs Was Always Just the Beginning

 

When the Supreme Court overturned Roe v. Wade in June, it promised to “return the issue of abortion to the people’s elected representatives.” In virtually every instance in which it’s been returned to the people, which has mostly happened by ballot initiative and referendum, the people have acted to protect reproductive rights. Perhaps that explains why less than a year after the fall of Roe, conservative activists are trying to put the issue of abortion access into the hands of a single man for whom no one ever voted: a federal judge in Texas named Matthew Kacsmaryk. In the coming weeks, there is a very real possibility that Kacsmaryk will single-handedly outlaw medication abortion in all 50 states, massively disrupting access to reproductive health care across the entire country. Worse, there is a substantial likelihood that higher courts—including the Supreme Court—will let him get away with it.

 

Let’s be clear that the legal battle over medication abortion became inevitable the moment Roe fell. Over the past 50 years, reproductive health care has undergone a dramatic shift: A majority of American patients now terminate their pregnancies with pills rather than by undergoing a procedure at a clinic. This makes good sense, as medication abortions are 18 times safer than childbirth, very reliable, and easy to access. In the 23 years since the FDA first approved the “abortion pill,” the agency has slowly loosened restrictions on prescriptions (though regulations remain irrationally stringent for the minimal risks of these pills). Meanwhile, a booming gray market for the medication has sprung up online following the end of Roe. Today, virtually anyone anywhere in the United States can order pills to their door, legally or otherwise. This infuriates anti-abortion activists who wanted to see this issue settled with the clinic closures and vigilante laws that followed S.B. 8 and Dobbs.

 

But these activists think they have a solution to the pill problem: ban mifepristone, the first drug taken in the two-drug medication abortion protocol approved by the FDA, which ends the pregnancy. Rather than work through their elected representatives or popular votes, they are attempting to do this via a lawsuit seeking a nationwide injunction. They’re represented by the far-right Alliance Defending Freedom; Erin Morrow Hawley, wife of GOP Sen. Josh Hawley, is a lead attorney.

 

The suit was filed in the remote Amarillo division of the Northern District of Texas. No, there’s no specific connection between Amarillo and abortion pills. The plaintiffs only filed there because they were guaranteed to draw a single judge: Kacsmaryk, whom Donald Trump placed on the bench in 2019. Before donning his robe, Kacsmaryk served as deputy general counsel at the far-right First Liberty Institute, where he fought LGBTQ equality, abortion, and contraception. (He once said that being transgender is a “delusion” and scorned “secular libertines” who sacrifice children to their “erotic desires.”) Since his confirmation, he has gained a reputation as perhaps the most lawless jurist in the country.

 

Click on the link for the full article

[Cooked Crack]

 

[Cooked Crack]

Quote

Deborah Dorbert is devoting the final days before her baby’s birth to planning the details of the infant’s death. 

 

She and her husband will swaddle the newborn in a warm blanket, show their love and weep hello even as they say goodbye. They have decided to have the fragile body cremated and are looking into ways of memorializing their second-born child. 

 

“We want something permanent,” Deborah said. Perhaps a glass figurine infused with ashes. Or an ornament bearing the imprint of a tiny finger. “Not an urn,” she said, cracking one of the rare smiles that break through her relentless tears. “We have a 4-year-old. Things happen.” 

 

Nobody expected things to happen the way they did when halfway through their planned and seemingly healthy pregnancy, a routine ultrasound revealed the fetus had devastating abnormalities, pitching the dazed couple into the uncharted landscape of Florida’s new abortion law. 

 

Deborah and Lee Dorbert say the most painful decision of their lives was not honored by the physicians they trust. Even though medical experts expect their baby to survive only 20 minutes to a couple of hours, the Dorberts say their doctors told them that because of the new legislation, they could not terminate the pregnancy. 

 

“That’s what we wanted,” Deborah said. “The doctors already told me, no matter what, at 24 weeks or full term, the outcome for the baby is going to be the same.”  Florida’s H.B. 5 — Reducing Fetal and Infant Mortality — went into effect last July, soon after the U.S. Supreme Court overturned a half-century constitutional right to abortion. 

 

The new law bans abortion after 15 weeks with a couple of exceptions, including one that permits a later termination if “two physicians certify in writing that, in reasonable medical judgment, the fetus has a fatal fetal abnormality” and has not reached viability. 

 

It is not clear how the Dorberts’ doctors applied the law in this situation. Their baby has a condition long considered lethal that is now the subject of clinical trials to assess a potential treatment.

 

[Cooked Crack]

 

 

[Larry]

Stupid voters want to close the gun show loophole, too.  

 

Fortunately, their state legislatures don't care what the voters want.