The Supreme Court unanimously rejecting a challenge to FDA decisions that made it easier for women to obtain and use mifepristone clearly wasn’t about the Supreme Court protecting access to abortion. Instead, Thursday’s ruling was about the Supreme Court protecting a doctrine that limits access to federal courts. That ruling also doubled as a rebuke of the most conservative appellate court in the country.
If Kacsmaryk’s theory of standing were allowed to, well, stand, then it would have essentially allowed any doctor to challenge any action by the FDA. Three conservative judges on the 5th Circuit agreed with Kacsmaryk’s conclusion that the doctors and medical associations had standing to sue. That's the truly remarkable part of this case. They should have known better.
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