Ahead of the Supreme Court’s mifepristone hearing Tuesday, I wrote that the case should’ve never been allowed in court to begin with. That’s because the anti-abortion doctors and groups who brought the contrived challenge don’t have legal standing. From the hearing, it sounds like the court might actually agree and reject the lawsuit on that ground. The prospect of that outcome apparently distressed Justice Samuel Alito.
She noted that if the doctors are opposed to abortion, then the “commonsense remedy” would be to exempt them from the procedure — and federal law gives them such an exemption. But Jackson observed that the plaintiffs want much more than that: They want to prevent anyone from accessing mifepristone at all. So, the justice said, she was “just trying to understand how they could possibly be entitled to that, given the injury that they have alleged.
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