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This piece first appeared in our weekly publication, The Fallout.
Subsequent week, the Supreme Court docket will hear arguments in FDA v. Alliance for Hippocratic Drugs, the primary abortion case to land earlier than the justices for the reason that conservative bench overturned Roe v. Wade. It’s additionally the primary case to check the viability of the Comstock Act to ban abortion nationwide. And whereas a lot of the media consideration surrounding the Court docket has targeted on Justice Clarence Thomas and his myriad of ethics issues, the true primary character in subsequent week’s medicine abortion case is Justice Samuel Alito.
If there was ever a justice who would enthusiastically revive a Reconstruction-era purity legislation and use it to ban abortion nationwide, it’s Alito. In any case, he used his majority opinion in Dobbs v. Jackson Girls’s Well being Group to not simply reverse Roe, but in addition Deliberate Parenthood v. Casey, the 1992 Supreme Court docket case that had saved the federal proper to abortion from its first authorized problem. The Court docket in Casey saved the fitting to abortion partly by reversing a choice by then-Appellate Decide Alito to reaffirm Roe.
So it appears Alito takes this sort of factor personally—and that’s a terrifying risk after we’re speaking about crafting nationwide abortion legislation and coverage.
We’ll be taught much more about Alito’s capability and want to impose his excessive anti-choice agenda on the remainder of the nation subsequent week. The arguments towards mifepristone growth are as ludicrous as they’re legally groundless. Most anti-abortion lawsuits are clear political stunts designed to craft coverage within the courts the place the conservative authorized motion has in any other case failed in Congress.
However in FDA v. Alliance for Hippocratic Drugs, it’s onerous to think about a extra apparent coverage heist within the courts than what the conservative motion has cooked up. The case locations a number of authorized rules like standing, prohibitions on choose buying, and bringing authorized claims in a well timed method all on their head for the singular objective of upending medicine abortion entry. And that makes it good fodder for Alito.
Rewire Information Group will probably be on the Court docket earlier than oral arguments on Tuesday morning, protecting them real-time on X, then breaking down the highlights and lowlights on Growth! Lawyered later within the day. That is the primary of two main abortion rights circumstances on the Court docket since Dobbs, and we’ll carry you knowledgeable evaluation on what all of it means.
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