Historically, anti-abortion litigants have often been the ones to try out novel legal arguments to further the movement and make the procedure more difficult to obtain.
by demanding that Congress have listed every possible medical condition and procedure when it instructed the FDA to regulate prescription medicine generally.
Dumb idea.
Government doesn’t work to the degree Republicans impose their dumb ideas.
Frist!!
The RWNJ’s trying to keep Women from getting mifepristone. GLWTS. The entire History of Prohibition and the legalization of Marijuana demonstrates a principle grounded in fact if not in law:
It is almost impossible to enforce a law making something illegal if the Majority of the population do not want it to be illegal.
For GOP judges, it is often not the logic, or logical consistency, that is important in rulings, any more than longstanding precedent. What matters is consistency with the GOP’s current political requirements, and making rulings sound as if they are consistent with “tradition”, regardless of how radical the outcomes really are.
I think Judge Chambers missed the fact that the anti-regulatory nuts do in fact want Congress to have to declare that the snail darter is an endangered species and requires protection. The idea that Congress would say “an endangered species as defined by science should be protected” and then the executive would lay out how that works (based in the science) is not what they want…mostly because they want to block the government from doing anything helpful as they know they can gridlock Congress to stop the many required detailed bills but not the more general ones (which are already on the books).
Well, except when it’s their agenda that they want, then they are fine with the executive pushing the agenda, without regard to the rules or laws. Dictatorship instead of democracy is their eventual goal, they just want to make sure the government can’t stop them or help people before they manage the takeover.
Team Unicorn…the curse that keeps on giving…
Disappointing result, but the Fourth Circuit is reasonably good these days.
On the points where the Judge sided with WV appear to be:
I am no expert in this field, but it seems to me that the judge lost sight of the big picture. If the FDA approves Tamoxifen for treatment of breast cancer and a prevention for its recurrence, no state ought to be allowed to ban it for its approved uses. There’s no “We like breast cancer!” exception to its availability or use,
Judges like those recommended by Leonard Leo and the Federalist Society to the Supreme Court are principally concerned with protecting the views of Catholics and evangelical Christian on drugs for abortion, and with the convenience of for-profit companies when it comes to preserving, or abandoning, native species. They will not see FDA acceptance of anti-cancer drugs with the same hostility that they view abortifacients.
would make just as much sense as demanding the FWS refrain from listing the snail darter as an endangered species under the ESA,” he added with a flourish.
And similarly, isn’t it also a major question in how broad hunting, fishing, and mineral extraction can be done? Im just asking questions here, but how can we be sure that congress intended to authorize the hunting of a specific sub species, or regional population, of deer and other game?
Congress did not specifically authorize the exact chemicals to be used while franking or horizontal well drilling. What about new each new piece of machinery? Was that reviewed by congress? What if the carbon content of the coal was too high/low? Without congress’s express written authorization of these techniques at every site I think we have no choice but to immediately ban all mineral extraction nation wide. You know, for the children.
The “major questions” doctrine is just a nonsense game that gives SCOTUS a square of clear plastic wrap to cover its junk whenever it wants to invalidate regulatory authority. That’s it. There is nothing deeper to it.
Calvinball Doctrine is perfect.
Agreed on all points.
I should have said “I’m just asking rhetorical questions.”
No prob, I definitely got your point. I just wanted to rant a little about how stupid and transparently unprincipled it is.