On Tuesday, the court heard oral arguments in a case that seeks to roll back the Food and Drug Administration’s approval of the drug mifepristone, a commonly prescribed abortion pill. The issue before the court was twofold: whether the plaintiffs had standing, and if they did, whether the FDA violated the Administrative Procedures Act when it changed the rules for prescription of the drug in 2016 and 2021.
The mifepristone pill is dangerous. It is a toxic chemical that kills a developing human being in the womb and comes with a laundry list of side effects that have been known to put women who take it in the hospital. But by all accounts, the court does not seem to be interested in striking down the FDA’a approval of the drug. The strongest skepticism of the FDA’s approval and support for standing came from Justices Clarence Thomas, Samuel Alito, and Amy Coney Barrett, while the rest of the justices seemed inclined to rule that the plaintiffs lacked standing to bring the case.
For Biden and the Democrats, the outcome of this case could either push abortion back up to the top or severely damage their attempts to make the 2024 elections a referendum on abortion instead of the chaos at the southern border and a middling and inflationary economy. This could be a huge warning sign for the party’s chances in November.failed to materialize. Instead, the party barely took control of the House of Representatives and lost a seat in the Senate.
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