Supreme Court Justices Question Why Abortion Pill Suit Is In Front Of Them
Huff PostLOADING ERROR LOADING Supreme Court arguments on Tuesday, regarding the legality of federal regulations allowing the distribution of the abortion drug mifepristone through the mail, hinged on whether the anti-abortion doctors association that brought the case had standing to sue in the first place. Meanwhile, Alito, the author of the court’s 2022 majority decision overturning Roe v. Wade, pressed Prelogar on whether there is “anybody who could challenge in court the lawfulness of what the FDA did here?” These questions suggested that even the court’s most conservative justices saw the alliance’s standing argument as tenuous at best. “This case seems like a prime example of turning what could be a small lawsuit into a nationwide legislative assembly on an FDA rule or any other federal government action.” Justice Elena Kagan repeatedly questioned Erin Hawley ― senior counsel for Alliance for Defending Freedom, which represented Alliance for Hippocratic Medicine ― about the plaintiffs’ standing for the case, which Kagan described as “probabilistic.” “You need a person. Justice Ketanji Brown Jackson described the injury claimed by plaintiffs as a “significant mismatch,” referring to doctors who object to abortion and their requested solution to roll back access to mifepristone around the country.