I'm just over here panic-refreshing the Supreme Court's website, a totally normal thing I have to do now.
Just how far will these fascists go to oppress women? Does their hatred for women surpass their will to obey their corporate overlords? WE SHALL SEE!
The fact that SCOTUS is still yet to release an order on the mifepristone case is NOT A GREAT SIGN.
The later it gets in the day, the sicker to my stomach I feel.
If SCOTUS allows the 5th Circuit's mifepristone ruling to stand, it will be a public announcement that the rule of law is fully dead in this country.
There is absolutely no coherent legal theory of why these people have standing or on the merits undoing an FDA approval. None.
I am a person who can appreciate a good argument I disagree with, especially if we are talking about something like standing. In fact, I have my doubts about certain aspects of our current standing doctrine!
There is no good argument for standing here. It simply doesn't exist.
And while a ruling on standing may seem like punting on the merits of a case, It's not. Standing is a constitutional requirement. If there is no standing, there can be no case. Period.
JLC
tobie