Justice Department Asks Supreme Court To Block Mifepristone Order – TPM – Talking Points Memo

After a notable delay, the Justice Department finally filed a request for an emergency administrative stay at the Supreme Court Friday morning. Attorney General Merrick Garland had announced that the department would do so on Thursday afternoon.


This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1455067

Got to. Got to make the Roberts Court declare itself. No hiding on this one (even if they decline to hear the case, that’s still a statement and will be so received).

38 Likes

It’s go time. This has been coming for fifty years and is here.

15 Likes

I am 100% certain that the most corrupt SCOTUS in the history of this country is about to make abortion impossible across this country. This is what they were paid to do. It will be 5-4, with Roberts pathetically trying to make it look close, but it will happen. And in the process, they will open the door to undo every single fucking agency ruling in the last century - every approved drug, every environmental rule, everything. The goal is chaos folks, because fascism ALWAYS wins in a chaotic system by promising clear, simple order. We are so much more fucked than anyone realizes.

20 Likes

Actually this backlash by the rich has been coming a lot longer than that, for the last 90 at least. They still haven’t gotten over Roosevelt and the New Deal.

16 Likes

I don’t think they’ll block it completely - just narrow it in a convoluted and hard to interpret way so that states continue to fight. I agree about the backlash.

10 Likes

Any legal eagles here have any thoughts on the delay of filing the request from the announcement that they would? I know the morning after the announcement isn’t much, but it’s noted in the article as being unusual.

Just curious if there might be a tactical - or maybe just practical - reason for not filing it immediately after the announcement? Was someone trying to read the tea leaves before sending it forth?

As for doing so, agree with @dr_coyote. This is really the only way this can go – the entire nation needs to know what the SC has to say, and put that position on record.

This goes far beyond abortion, as important as that is. The article posted yesterday on just how atrocious the Texas circuit ruling was with regard to establishing an entire new flimsy basis for establishing “standing” in a case are nearly as alarming as the assaults on FDA authority and women’s health.

26 Likes

It also goes beyond abortion because IIRC mifepristone has other medical uses (according to other commenters here).

12 Likes

We’re not dealing with rationale people here. We’re dealing with zealots, fanatics who are foaming at the mouth. they do not give a single fuck about medical care or people’s lives. They are completely unhinged to the point where only a whole lot of bloodshed will stop them.

9 Likes

And the difference would be what, exactly? They will destroy millions of womens’ lives, which is the whole point.

4 Likes

Okay, so the GQP dogpack finally caught that car it’s been chasing for some 50 years. And several women carrying clubs has stepped out of it. Who would you bet on?

19 Likes

It’s an optics thing, and we can see the difference by comparing the world pre and post Dobbs. Pre Dobbs, abortions were difficult, bordering on impossible to get, in many areas of the country. And middle of the road pro choice folks were largely quiescent.

Post Dobbs, there is a further restricting of abortion rights, but I can say, hopefully without trivializing the very real impact it had on many people, that the difference is largely a matter of degree. Meanwhile, pro choice folks are buzzing like a kicked hornets nest and Republicans are suffering huge political consequences.

It’s the same here. Finding a way to ostensibly leave the FDA in charge, while in practice making this medication extremely difficult to obtain is their best case scenario.

I’m just not sure Roberts can convince another conservative of that, and he’s not going to vote against them.

6 Likes

And all those Republican business donors and voters are along for the ride. Hey, nothing could wrong with GOP extremism for business…until it does.

My question, is it time to short-sell pharmaceutical stocks? Or so we short-sell the entire DOW?

1 Like

They had a chance to do it with the Dobbs decision and left abortion up to the states instead. Why would they alter that decision now? It’s the same justices sitting on the bench.

There is also more in play here than an abortion issue. This is a state’s judge overriding the decision of a Federal agency, which would impact a thousand other things if it was allowed to stand.

14 Likes

Carrying clubs?

No – much more scary than that.

They’re carrying ballots.

22 Likes

More people are on to the judge-shopping technique used to get us in this mess.
More people are on to just how people with little or no knowledge can be suborned

12 Likes

I already see right wing relatives demanding to “stamp out Satan’s Pill”.

I won’t be surprised when Opus Dei Alito will do just that in his majority opinion.

6 Likes

The pretext of standing that has been perpetrated in this case is such a transparent scam that I can’t believe it has made it this far. Apparently there are actually no safeguards whatsoever if a majority of justices decide to advance a political agenda. Naïve me - I thought there were actual rules.

I remember when Masha Gessen said at the beginning of the Dark Ages in 2016 that we could not count on our institutions to save us. Watching the truth of that evolve has been pretty terrifying. I guess we have now reached the stage where some of the most important institutions are actively working against us in every way they can in between million dollar vacations and gourmet meals.

I lose a little bit more faith every day. Anything less than a full shutdown of this judge’s ruling, based on the standing issue alone, is not a “partial victory” or a stand-off. Anything less than complete rejection is just another nail in the coffin.

24 Likes

We have been saved. Trump lost in 2020. For what its worth, SCOTUS would have created chaos if they allow this to stand.

2 Likes

Maybe - with this extended rampage of SCOTUS and the years that they could conceivably do this, I am not feeling saved - just temporarily reprieved.

7 Likes