Okay folks. I'm back for today's SCOTUS arguments about mifepristone. To set the stage, Forced-birthers are trying to prohibit medical abortion based on junk science and the idea that James Ho likes looking at other people's babies.
All the lawyers arguing today will be women. Solicitor General Elizabeth Prelogar for the FDA. For the group of doctors and dentists who didn't prescribe the abortion pill but want to take it away anyway, it's Erin Hawley, wife of Sen. Josh Hawley
And lastly Jessica Ellsworth representing Danco Labs which makes mifepristone and will argue "DO YOU WANT TO LET THESE ASSHOLES CHALLENGE EVERY DRUG ON THE FREAKING MARKET???"... or something. :)
Prelogar coming out firing. Talking about how the other side doesn't have standing "The Court should say so and end this."
Thomas is like "but who would have standing?" And Prelogar says "If they question is if people who oppose abortion would have standing, the answer is no." Thomas now talking about upending SCOTUS rules just to make sure forced birthers can challenge in court. :(
Alito asking "is there ANYBODY who can challenge what the FDA did here?" Remember: what the FDA "did here" was APPROVE A DRUG TWENTY YEARS AGO. Alito also wants to know if doctor who opposes abortion can challenge. He's talking about a "conscience objection" for that doctor.
Prelogar not budging: "even if there is no alternative person who could sue, that doesn't mean that the Court should depart from Article 3 principles." Alito is basically like SO NOBODY CAN HELP THE WOMEN WHO ARE HARMED!!?? He's such an intellectually dishonest dickhead.
Prelogar lists ALL THE WAYS an actual harmful drug can be sued to take off the market. (including, like, all of tort law). Alito is not satisfied.
Thomas, Alito, and it sounded like Roberts, seem all on board to give fucking dentists standing to sue over the abortion bill. Oh Jesus, now here comes Barrett.
Gorsuch now talking about "offended observer standing." Remember that part of the standing argument here is that pregnant people are like manatees and so people who enjoy looking at them should have standing to sue. I'm not making that up because I'm not that evil/creative.