{"id":14123,"date":"2024-07-05T16:29:40","date_gmt":"2024-07-05T16:29:40","guid":{"rendered":"https:\/\/lonecandle.com\/?p=14123"},"modified":"2024-07-05T16:29:40","modified_gmt":"2024-07-05T16:29:40","slug":"the-supreme-courts-abortion-pill-case-is-only-a-narrow-and-temporary-victory-for-abortion","status":"publish","type":"post","link":"https:\/\/lonecandle.com\/?p=14123","title":{"rendered":"The Supreme Court\u2019s abortion pill case is only a narrow and temporary victory for abortion"},"content":{"rendered":"\n<p>&#8220;<em>Alliance<\/em>&nbsp;is fundamentally a case about&nbsp;<a href=\"https:\/\/www.vox.com\/scotus\/24117949\/supreme-court-republican-judges-fight-matthew-kacsmaryk-judge-shopping\" target=\"_blank\" rel=\"noreferrer noopener\">judge-shopping<\/a>, a practice that sometimes allows litigants to choose which judge will hear their lawsuit. In this case, the plaintiffs \u2014 doctors who oppose abortion and organizations representing those doctors \u2014 selected Matthew Kacsmaryk, a&nbsp;<a href=\"https:\/\/www.vox.com\/policy-and-politics\/2022\/12\/17\/23512766\/supreme-court-matthew-kacsmaryk-judge-trump-abortion-immigration-birth-control\" target=\"_blank\" rel=\"noreferrer noopener\">longtime advocate for the Christian Right<\/a>&nbsp;who then-President Donald Trump placed on the federal bench \u2014 to be their judge.<\/p>\n\n\n\n<p>The plaintiffs were allowed to choose their own judge because Kacsmaryk\u2019s Texas-based court&nbsp;<a href=\"https:\/\/www.vox.com\/politics\/2023\/5\/24\/23725897\/abortion-planned-parenthood-matthew-kacsmaryk-supreme-court-medical-progress-medicaid\" target=\"_blank\" rel=\"noreferrer noopener\">assigns all lawsuits filed in Amarillo, Texas, to him<\/a>. So all that these plaintiffs had to do to get Kacsmaryk to hear their case was file their suit in his home city.<\/p>\n\n\n\n<p>Kacsmaryk\u2019s opinion was, well, exactly&nbsp;<a href=\"https:\/\/www.vox.com\/scotus\/2024\/3\/21\/24105984\/supreme-court-mifepristone-abortion-pills-fda-alliance-hippocratic-medicine\" target=\"_blank\" rel=\"noreferrer noopener\">what you would expect from a judge who is determined to fight abortion<\/a>&nbsp;no matter what the law says. His 2023 decision struck down the FDA\u2019s decision to approve the drug mifepristone in 2000, despite a six-year statute of limitations on such claims. He relied on discredited studies that have since been&nbsp;<a href=\"https:\/\/www.statnews.com\/2024\/02\/08\/mifepristone-abortion-pill-retractions\/\" target=\"_blank\" rel=\"noreferrer noopener\">retracted by their publisher<\/a>. And he relied on testimony from a \u201cdoctor\u201d who&nbsp;<a href=\"https:\/\/www.supremecourt.gov\/DocketPDF\/23\/23-235\/299134\/20240130095441345_23-235%2023-236%20US%20Food%20and%20Drug%20Admin%20v%20Alliance%20for%20Hippocratic%20Medicine%20Danco%20Laboratories%20v%20Alliance%20for%20Hippocratic%20Medicine%20AMICUS%20BRIEF.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">isn\u2019t actually a physician at all<\/a>.<\/p>\n\n\n\n<p>Then his decision was appealed to the United States Court of Appeals for the Fifth Circuit, a court&nbsp;<a href=\"https:\/\/www.vox.com\/policy-and-politics\/2022\/12\/27\/23496264\/supreme-court-fifth-circuit-trump-court-immigration-housing-sexual-harrassment\" target=\"_blank\" rel=\"noreferrer noopener\">dominated by MAGA Republicans<\/a>, which narrowed Kacsmaryk\u2019s decision but&nbsp;<a href=\"https:\/\/www.vox.com\/scotus\/2023\/8\/16\/23834926\/supreme-court-abortion-mifepristone-fifth-circuit-alliance-hippocratic-medicine-fda\" target=\"_blank\" rel=\"noreferrer noopener\">still effectively banned the drug<\/a>. It was this decision by the Fifth Circuit that a unanimous Supreme Court reversed on Thursday.&#8221;&nbsp;&nbsp;<\/p>\n\n\n\n<p><a href=\"https:\/\/www.vox.com\/scotus\/355175\/supreme-court-mifepristone-abortion-alliiance-hippocratic-medicine-fda\">https:\/\/www.vox.com\/scotus\/355175\/supreme-court-mifepristone-abortion-alliiance-hippocratic-medicine-fda<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>&#8220;Alliance is fundamentally a case about judge-shopping, a practice that sometimes allows litigants to choose which judge will hear their lawsuit. In this case, the plaintiffs \u2014 doctors who oppose abortion and organizations representing those doctors \u2014 selected Matthew Kacsmaryk, a longtime advocate for the Christian Right who then-President Donald Trump placed on the federal bench \u2014 to be their judge.<\/p>\n<p>The plaintiffs were allowed to choose their own judge because Kacsmaryk\u2019s Texas-based court assigns all lawsuits filed in Amarillo, Texas, to him. So all that these plaintiffs had to do to get Kacsmaryk to hear their case was file their suit in his home city.<br \/>\nKacsmaryk\u2019s opinion was, well, exactly what you would expect from a judge who is determined to fight abortion no matter what the law says. His 2023 decision struck down the FDA\u2019s decision to approve the drug mifepristone in 2000, despite a six-year statute of limitations on such claims. He relied on discredited studies that have since been retracted by their publisher. And he relied on testimony from a \u201cdoctor\u201d who isn\u2019t actually a physician at all.<\/p>\n<p>Then his decision was appealed to the United States Court of Appeals for the Fifth Circuit, a court dominated by MAGA Republicans, which narrowed Kacsmaryk\u2019s decision but still effectively banned the drug. It was this decision by the Fifth Circuit that a unanimous Supreme Court reversed on Thursday.&#8221;  <\/p>\n<p>https:\/\/www.vox.com\/scotus\/355175\/supreme-court-mifepristone-abortion-alliiance-hippocratic-medicine-fda<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[13],"tags":[521,790,1213,528],"class_list":["post-14123","post","type-post","status-publish","format-standard","hentry","category-article-share","tag-abortion","tag-courts","tag-judiciary","tag-supreme-court"],"_links":{"self":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/14123","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=14123"}],"version-history":[{"count":1,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/14123\/revisions"}],"predecessor-version":[{"id":14124,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/14123\/revisions\/14124"}],"wp:attachment":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=14123"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=14123"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=14123"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}