Discussion on the Fifth Circuit's mifepristone ruling, restrictions on accessing the abortion pill, challenges of court regulation, tactics of the anti-abortion movement, role of judges in abortion cases, and motivations of Supreme Court justices.
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Quick takeaways
The Fifth Circuit's decision on the drug Mepopristo could have significant implications for abortion rights and limit access to the drug in certain states where surgical abortions are prohibited.
Hostility toward administrative agencies and erosion of trust in expert opinion among right-wing courts are concerning trends in the abortion debate.
Deep dives
Fifth Circuit decision on the drug Mepopristo
The Fifth Circuit handed down a decision on the drug Mepopristo, a controversial abortion drug that has been legal in the US for over 20 years. The court rejected the most extreme part of the previous opinion but left some key parts in place. The panel of judges on the Fifth Circuit disagreed with overturning the original FDA approval of Mepopristo but upheld other challenges to the lifting of restrictions since 2016, including options for mail delivery and telemedicine access.
Supreme Court stay and potential ramifications
The Supreme Court issued a stay on the Fifth Circuit decision, effectively maintaining the current accessibility of Mepopristo. The case is expected to be appealed, and the outcome could have significant implications for abortion rights. If the Supreme Court ultimately sides with anti-abortion forces, it would be a damaging decision that limits access to the drug, particularly in states where surgical abortions are prohibited.
Critiques of the judiciary and the anti-abortion movement
The panel's decision and dissenting opinions highlight issues with standing, reliance on anecdotal evidence, and the contentious nature of the abortion debate. Judges without scientific expertise are making decisions based on narratives pushed by the anti-abortion movement, despite the drug's safety record. The general hostility toward administrative agencies and erosion of trust in expert opinion among right-wing courts are concerning trends.