Abortion drug access won’t change immediately after Wednesday’s decision by the US Court of Appeals for the Fifth Circuit, but it’s still worth noting. If this decision ever goes into effect, it would significantly reduce access to medication abortion. But one judge’s partially dissenting opinion highlights the extent to which right-wing justices are willing to go to legislate their political preferences.

The appeals court was looking into an April ruling by US District Judge Matthew Kaksmarik that revoked the Food and Drug Administration’s authorization of the drug mifepristone, part of a two-drug abortion protocol. Two of the panel’s three judges ruled against Cxameric’s outright ban on mifepristone, though they would impose significant limits. However, the third is another matter.

who was judge james ho Sworn in Justice Clarence Thomas—a judge in the personal library of billionaire Harlan Crowe—and who at one time reportedly was on Donald Trump’s shortlist for the Supreme Court—wanted to uphold Kaczmaric’s decision in its entirety, and he wrote his own. decision added amazing logic Why anti-abortion doctors stand to challenge the FDA’s mifepristone authorization:

Unborn children are a source of immense joy to those who see them. Future parents eagerly share ultrasound photos with loved ones. Friends and family rejoice upon seeing the unborn child. Doctors delight in working with their unborn patients – and they experience aesthetic trauma when they are aborted.

an aesthetic injury, Ho was referring here to cases in which “[i]It is well established that, if a plaintiff has a ‘concrete plan’ to visit an animal’s habitat and view that animal, that plaintiff suffers aesthetic damage when an agency approves that project Which puts the animal in danger. In this case, undoubtedly, the habitat of the unborn child is the body of a woman. Unless the woman is showing those ultrasound pictures or doing medical tests, no one is looking at the fetus – they are looking at her body and projecting their fantasies onto it.

The aesthetic damage to the doctor from having one fetus less to care for – no concern here for the residence/mother – outweighs women’s access to safe medical options.

Dr. Jester summed up Plaintiff’s interest in unborn life as follows: “When my patients have chemical abortions, I lose the opportunity. , , Taking care of woman and child during pregnancy and successful delivery of new life.

Sorry ladies. You might think that your right to make decisions about your body, which you live in every day, would be upheld by the courts, but Ho says Dr. Shawn Jester’s opportunity to provide you with medical care against your will is more is important.

The Supreme Court stayed Kaczmaric’s decision until the end of the appeals process, which is why the Fifth Circuit’s decision does not take immediate effect. But if the Supreme Court sends it back to the circuit court, it would have major ramifications. The country’s most conservative appeals court didn’t go as far as Kaxmaric — it said the original FDA authorization should remain — but it overturned the FDA’s 2016 and 2021 expansions of access to mifepristone by reducing the number of appointments required for a drug. Abortion, allowing nurse midwives and other medical practitioners to prescribe it and allowing it to be done via telemedicine. Appeals Court panel wants to bring back things that require patients to go to three in-person appointments to get a drug that’s well-established to be safe through one appointment or through telemedicine .

The Justice Department is asking the Supreme Court to hear the matter, but there’s obviously nothing we can be sure of that will lead to a good outcome. Another possibility is that the High Court will decide to say that the Court of Appeal’s decision should stand. That’s probably what both justices wanted in the majority of this ruling: a decision that looks like a compromise when taken against the backdrop of Kaczmaric’s absurd argument that he has authority over FDA decisions dating back decades.

While Ho took this a huge step forward from where the panel’s other two justices were willing to go, they also agreed that anti-abortion doctors have standing to sue over mifepristone access, because “it is ‘quite likely'”. that doctors—both those who testified and those who are members of medical organizations but did not testify—will continue to treat women who experience serious complications after taking mifepristone. Medication abortion using mifepristone and misoprostol is highly It is safe, causing fewer complications than a medication abortion using only misoprostol. It is also safer than pregnancy and childbirth, which these doctors are not trying to get the courts to ban. opposite of this, since the Supreme Court’s decision Dobbs v. Jackson Women’s Health OrganizationSome courts have begun to challenge the legal status of abortion providers by going to court to oppose abortion restrictions.

The ongoing redefinition of “standing” by Republican judges — in which the parties to a case must be able to show that they are directly affected by the law — is another brazen display of not caring about what the law actually means. Says if the law happens to get in the way of their desired results. Legal Twitter then commented on it. “I cannot emphasize enough that, as a litigant, I do not know how standing works now. It’s Just Vibes,” Civil Rights Lawyer joshua erlich Tweeted. He couple, “requires a case or controversy to have standing, that you are affected by that case or controversy, or, alternatively, a right-wing complaint, preferably in the 5th Circuit.” In a quote tweeted by Ehrlich, josie duffy rice Wrote, “We really spent the first semester of law school laser focused on standing out because it was so important, and now it’s kind of pointless which is cool.”

These right-wing judges are shoring up some of the foundations of how our legal system works, because those foundations stand in the way of their political agenda. And our rights are in their hands.


What happened while we were all on vacation? Something about Donald Trump being impeached not once, but twice! Also in the news: Florida Governor Ron DeSantis’ campaign fails. There is so much happening!




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