SC Mifepristone decision today

[NCDem47]

I know there are several potential outcomes for this, but my money is on a 4:58 pm ET annoucement with every Republican heading for the hills for the weekend.

[Zorro]

1. I thought the decision was to be released at 11:59PM EDT

[NCDem47]

2. Even WORSE!

But you're right. Just reread they have until midnight to release decision. What a farce it would be to wait that late and agree with the Texas judge.

[Bettie]

3. If they uphold the MAGA judge

doesn't that mean that any drug approved by the FDA can be taken out of circulation by anyone who can get a judge to rule for them?

Does it also mean that a judge can force the FDA to approve drugs that aren't safe or haven't been fully tested?

Will they be able to outlaw Covid vaccines, via one judge with an agenda?

Sounds impossible, right? But, if they agree with the "arguments" of this judge, all bets are off.

[JohnSJ]

4. Yes. It will open the door to chaos, and every unscientific, conspiracy nutcase

[Bettie]

5. I am concerned that there are deep pocketed

anti-vaxxers who will unleash old diseases back on our society.

Oh, and they'll ensure that other basic medications become illegal.

[JohnSJ]

17. I agree

[tinrobot]

9. Pharma companies could also start bribing judges to knock out the competition.

Really opens up some nightmare scenarios.

[Bettie]

10. I had thought of that as well

in any of these scenarios, we...the ordinary people, lose.

First, the big pharma companies will go after generic versions of drugs, so that we have to pay whatever they want.

OR...and this is a long shot, but possible, Big Pharma will not want to be fucked with and may start supporting sane people in elections.

[Takket]

16. yup, and if a judge can remove approval, it stands to reason they could force approval too

get ready for your government mandated Ivermectin treatment

This is honestly a far fetched slippery slope argument, but it is highly unlikely that if the courts open the door beyond judicial review into how government agencies execute the powers granted to them by Congress, that it will stop at this one drug. Now... lawsuits against government agencies are nothing new, but usually they have to do with whether some underlying law is not being observed, or something is unconstitutional... but challenging the FDA on how it issues approvals on the science, that's new.....

[budkin]

6. We all know how this is going to be decided

Mentally prepare now.

[Bettie]

8. The later in the day they choose to release it

the worse it is for our nation.

So, the question is this: What will they go after next? My guess is hormonal birth control.

[Oneironaut]

15. Yep. I'll be shocked if it's otherwise.

[onenote]

23. Then I guess "we all" were wrong?

[budkin]

25. I'm shocked, tbh

I thought for sure they would uphold it.

[Marius25]

7. They're going to uphold the insane Texas Judge's ruling

All the conservatives on the court are Christian extremists and they won't stop until America is a theocracy.

[onenote]

22. Guess again.

7-2 to grant a complete stay while the fifth circuit appeal is pending.

[Marius25]

24. Yeah, glad to be wrong.

Although MSNBC saying this is "for now" so I guess there may be more litigation over it.

Of course, Alito and Thomas dissented. Freaking fascists.

[onenote]

26. There always was going to be more litigation.

All that was before the court was whether the district court's injunction against the drug was going to be completely stayed while FDA's Fifth Circuit appeal of that decision was pending (the FDA request) or whether the partial stay of the injunction granted by the Fifth Circuit pending the appeal would be left in place.

Either way, the case would go forward at the Fifth Circuit (and to the Supreme Court after than no doubt).

Some commentators seemed to think that there was another option -- that the SCOTUS would actually roll back the partial stay and leave the district court decision fully intact. But even the plaintiffs in this case told the Supreme Court they weren't seeking to challenge the partial stay. Indeed, they described the Fifth Circuit's partial stay as "reasonable."
It seems like a lot of folks (including many in the media) speculating about possible outcomes hadn't bothered to actually read the briefs.

[Marius25]

27. So the issue is, the Court still has to rule on the merits

This was just a ruling on the stay of the 5th Circuit. They could still rule the FDA mishandled their approval process.

[CTyankee]

11. Yup. The Friday Afternoon News Dump, as it is known.

[Freethinker65]

12. Long after everyone has conveniently left for the weekend

the decision is set to automatically release which will affect the lives of all Americans that have depended on modern reproductive healthcare.

[Mad_Machine76]

13. Is this the final ruling (on merits)

Or about the injunction?

[LAS14]

14. Excellent question. I THINK it's on the injunction, but....

... I'm not sure. I hope someone responds that knows.

[onenote]

18. It's a ruling on whether the partial stay granted by the 5th Circuit should be expanded

or left as is.

The FDA has asked that the Fifth Circuit decision that only stayed the district court ruling in part be reversed so that the entire district court ruling would be stayed.

The plaintiffs have opposed expanding the stay but haven't asked that the partial stay be lifted.

Whatever the Court does, it will not be a ruling on the merits. The appeal of the district court's decision brought by the FDA in the Fifth Circuit would still move forward.

[bluestarone]

19. If i'm understanding what you're saying, then maybe only deciding one of two ways?

1( access to the pill is allowed until the District court rules on it. or 2) no access to the pill until District rules on it. correct?

[onenote]

20. It's a bit more complicated because the Fifth Circuit decision wasn't all or nothing

The Fifth Circuit would let most of the district court's injunction go into effect pending appeal, but not all.

This article explains it better than I can:

https://www.npr.org/2023/04/13/1169217172/abortion-pill-mifepristone-ruling-texas-judge

[onenote]

21. A lot of wrong guesses in this thread.