BREAKING: Mifepristone is back at the Supreme Court in case over mailing the medication abortion drug.
After a Fifth Circuit ruling Friday that would end the mailing of mifepristone, a drugmaker asked SCOTUS to act immediately to keep the FDA policy allowing mailing in place.
New, at Law Dork: https://www.lawdork.com/p/mifepristone-supreme-court-return-mailing
@chrisgeidner
The basis for this latest anti-#Mifepristone case is asinine.
Louisiana is arguing that making the drug available by mail "violates their state ban".
Well, if LA gets their way, they will violate the rights of every woman IN EVERY OTHER STATE where Mifepristone is legal.
No state can pass a law that violates the rights of people in another state.
If this bass-ackwards #SCotUS rules in LA's favor, Blue states should counter sue on that basis.
That's not quite what Louisiana is arguing, nor is it the core argument that the court ruled on.
At its heart this comes down to the FDA having acted in ways that probably violate the law. This is about FDA procedure, not LA or Mifepristone directly.
The FDA seems to admit that it acted wrongly. The courts are deciding what to do with that.
See the ruling here.
@MugsysRapSheet that doesn't actually matter.
Maybe it SHOULD matter, but that's not how our elected representatives have set up the system.
The concern is a canard? Of course it is! The US legal system often relies on such fictions, especially when an issue overlaps with politics. The canard is part of the process.
ALL that matters here is that the federal agency apparently acted without legal authority.
I'd love for the law to be different, and for all politicians to be honest, and for the feds to get out of this field completely. But the courts work with the law as is, not how I personally would like it to be.
@volkris @chrisgeidner
Long time no see/read.
LA's "safety concern" regarding #Mifepristone is a canard. Their complaint claims they've had to pay "thousands in Medicaid fees for people who were harmed" by the medication.
"Thousands" of dollars in medical fees state wide isn't even a rounding error when it comes to hospital costs.
Mifepristone is safer than Tylenol (which is also available by mail.) They likely pay more remedying Tylenol reactions, yet they aren't calling to stop its sale. 🤔