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mifepristone argument

Aardvark86

HR Heisman
Jan 23, 2018
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fairly obvious this is (rightfully) going down on standing. telling that the court has barely even bothered asking questions about how they'd review the agency's judgment

kbj has had some fantastic colloquies of both sides; alito reinforces my view that he is the weakest of the conservative justices
 
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fairly obvious this is (rightfully) going down on standing. telling that the court has barely even bothered asking questions about how they'd review the agency's judgment

kbj has had some fantastic colloquies of both sides; alito reinforces my view that he is the weakest of the conservative justices

It clearly should come down to standing. It’s a 9-0, easy call.

And yet it will be 6-3 or 5-4.
 
fairly obvious this is (rightfully) going down on standing. telling that the court has barely even bothered asking questions about how they'd review the agency's judgment

kbj has had some fantastic colloquies of both sides; alito reinforces my view that he is the weakest of the conservative justices

She’s a diversity hire if you ask the usual suspects around here.

And why do you think it comes down to standing? I think the merits are still in play from my listen.
 
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She’s a diversity hire if you ask the usual suspects around here.

And why do you think it comes down to standing? I think the merits are still in play from my listen.
KBJ is a very solid justice who will write a lot of dissenting opinions over the next decade. But a very solid justice, and I love the fact that she was an actual district judge who understands the realities of trials. I also love the fact that she asks as lot of questions starting from an originalist framework.

I think it comes to standing as the cons have pressed on (i) the relationship of the remedy to the putative injury, (ii) the conscience pathway otherwise available to the plaintiff doctors, and (iii) the speculativeness of the allegations. [Also, because that's what they spent the most time with prelogar on.] And because I think Roberts is practical enough to not want to backtrack on the direction of standing, or to needlessly address merits issues, from the perspective of the Court's institutional status.
 
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I was thinking recently that it'd be a good idea to get a Justice on the Court that refused to do any research or review precedent who made his/her decisions solely based on the arguments presented. There'd at least be some entertainment value to it.
 
This product has been in use for over 20 years. If there were merits for the court to somehow take on the role of the FDA then it would have happened 20 years ago. The only reason this is coming up now is because Republicans think they can get it overruled because their justices don't give a flying f**k about law, precedence, or constitutionality. They only care about what the Heritage Foundation tells them to care about.
 
And why do you think it comes down to standing? I think the merits are still in play from my listen.
I might have missed something but their argument seems to be that they could possibly be "injured" by having to treat someone who has done something they find morally objectionable. Is there more to it than that?
 
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On the other hand, buy up your stocks of mifepristone now and sell it on the black market in a year. You could put your kid through college with it.
 
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I might have missed something but their argument seems to be that they could possibly be "injured" by having to treat someone who has done something they find morally objectionable. Is there more to it than that?

It is essentially Justice Ho on the 5th Circuit saying that babies are beautiful and people enjoy looking at them. And so we are all harmed by abortion.

 
This product has been in use for over 20 years. If there were merits for the court to somehow take on the role of the FDA then it would have happened 20 years ago. The only reason this is coming up now is because Republicans think they can get it overruled because their justices don't give a flying f**k about law, precedence, or constitutionality. They only care about what the Heritage Foundation tells them to care about.
the regulatory procedure history is actually a little more complicated than that, but that said, this is a classic fake case brought by eggheads who don't really represent actual clients
 
It is essentially Justice Ho on the 5th Circuit saying that babies are beautiful and people enjoy looking at them. And so we are all harmed by abortion.

Judge Ho is hardly the first justice to suggest that aesthetic harm is a cognizable interest for standing. See us v scrap
 
Judge Ho is hardly the first justice to suggest that aesthetic harm is a cognizable interest for standing. See us v scrap

I’m well aware that aesthetic injury has been used to grant standing to a plaintiff.

I’m being a jackass here (because it’s my M.O.) but I could read Ho’s logic that a plaintiff would have standing in this case because women are public lands or parks and must be protected at all costs. Because if their (and their offspring’s) beauty is compromised, then we all lose.

I’d rather women didn’t fall under the same class as a public park.
 
lol at all the liberals questioning the SCOTUS decisions now that they aren’t all going in their favor.

Courts have leanings, biases, philosophies. Should that be? I dunno. But it is clearly true. Or we wouldn’t have so many 6-3 or 5-4 decisions.

You are now in the minority. Get over it.
It doesn’t mean the court is illegitimate.
 
lol at all the liberals questioning the SCOTUS decisions now that they aren’t all going in their favor.

Courts have leanings, biases, philosophies. Should that be? I dunno. But it is clearly true. Or we wouldn’t have so many 6-3 or 5-4 decisions.

You are now in the minority. Get over it.
It doesn’t mean the court is illegitimate.

The liberals haven’t been the majority for 53 years. Try to keep up.
 
The liberals haven’t been the majority for 53 years. Try to keep up.
That's not true but it should be. Every justice should be by the book strict originalists. Judges are meant to be referees not coaches or players. They swear an oath to the Constitution which is our rule book. I don't want a ref making calls during a game based on fairness, history or equal opportunity, I want one following the rules the exact same way for everyone.
 
That's not true but it should be. Every justice should be by the book strict originalists. Judges are meant to be referees not coaches or players. They swear an oath to the Constitution which is our rule book. I don't want a ref making calls during a game based on fairness, history or equal opportunity, I want one following the rules the exact same way for everyone.

Good luck with that. The judges are referees and just call balls and strike is nice talk but in real life that doesn’t work. If originalism is consistently applied, Brown v. Board of Education was wrongly decided.

There are numerous cases where conservatives have adopted originalism when it benefits their preferred outcome but rejected it when it leads to outcomes they don’t like.
 
Good luck with that. The judges are referees and just call balls and strike is nice talk but in real life that doesn’t work. If originalism is consistently applied, Brown v. Board of Education was wrongly decided.

There are numerous cases where conservatives have adopted originalism when it benefits their preferred outcome but rejected it when it leads to outcomes they don’t like.
Not true. The 14th Amendment guarantees equal protection under the law. The plaintiffs proved that separate but equal was not actually equal for everyone, thus it violated the 14th Amendment. There are of course instances where the law isn't so black and white and that is why there are 9 justices and not just one. However, attempting to create law from the bench is not how our system was designed and unfortunately the left tries to use that tactic often. A perfect example was Roe V Wade. There is no Constitutional right to an abortion in the Constitution but the court twisted itself into knots in an attempt to create one. As painful and disruptive the latest abortion decision was, it was the correct one. Voters need to decide what abortion restrictions they want not 9 voices from on high.
 
Not true. The 14th Amendment guarantees equal protection under the law. The plaintiffs proved that separate but equal was not actually equal for everyone, thus it violated the 14th Amendment. There are of course instances where the law isn't so black and white and that is why there are 9 justices and not just one. However, attempting to create law from the bench is not how our system was designed and unfortunately the left tries to use that tactic often. A perfect example was Roe V Wade. There is no Constitutional right to an abortion in the Constitution but the court twisted itself into knots in an attempt to create one. As painful and disruptive the latest abortion decision was, it was the correct one. Voters need to decide what abortion restrictions they want not 9 voices from on high.
Roe held that there was a privacy right in the constitution and as such the government could not infringe in a women’s medical decision—until viability of the fetus. Second, SCOTUs didn’t decide what abortion restrictions existed - that decision was left to the woman until viability. After viability, the government could decide.
 
Not true. The 14th Amendment guarantees equal protection under the law. The plaintiffs proved that separate but equal was not actually equal for everyone, thus it violated the 14th Amendment. There are of course instances where the law isn't so black and white and that is why there are 9 justices and not just one. However, attempting to create law from the bench is not how our system was designed and unfortunately the left tries to use that tactic often. A perfect example was Roe V Wade. There is no Constitutional right to an abortion in the Constitution but the court twisted itself into knots in an attempt to create one. As painful and disruptive the latest abortion decision was, it was the correct one. Voters need to decide what abortion restrictions they want not 9 voices from on high.

You should read up on the originalism case as applied to Brown and get back to me. The Constitution and the framers were not race blind, as Justice KBJ pointed out in her Dobbs questioning.

You should also read this:

Amy Coney Barrett herself has acknowledged the undesirability of applying originalism indiscriminately, noting in 2016, “Adherence to originalism arguably requires, for example, … the reversal of Brown v. Board of Education.”

Sorry.
 
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It is essentially Justice Ho on the 5th Circuit saying that babies are beautiful and people enjoy looking at them. And so we are all harmed by abortion.

I especially like this argument as accepting it tees up nicely a ban on birth control.
 
I especially like this argument as accepting it tees up nicely a ban on birth control.

Yup. Everyone is deprived from looking at beautiful pregnant women and cute, chubby babies with birth control, Plan B, abortion, and condoms.

Heck, we’re gonna see a judge cite inflation concerns (a declining native-born birthrate shrinking the native-born workforce) in the near future.

All because a priest who prays to a sky fairy told them to ban such things.
 
lol at all the liberals questioning the SCOTUS decisions now that they aren’t all going in their favor.

Courts have leanings, biases, philosophies. Should that be? I dunno. But it is clearly true. Or we wouldn’t have so many 6-3 or 5-4 decisions.

You are now in the minority. Get over it.
It doesn’t mean the court is illegitimate.
When decisions aren't being made on established law, they are overturning centuries of legal precedent, and are flat out unconstitutional and destabilizing to the entire government it's a serious problem. This doesn't even include the judges who are on the take and a judge who's wife was part of an attempted coup but he's ruling on cases involved with January 6 anyway. Plus, two of the current justices were stolen seats that engineered this highly partisan court in the first place. Those things are why the court is not legitimate.
 
When decisions aren't being made on established law, they are overturning centuries of legal precedent, and are flat out unconstitutional and destabilizing to the entire government it's a serious problem. This doesn't even include the judges who are on the take and a judge who's wife was part of an attempted coup but he's ruling on cases involved with January 6 anyway. Plus, two of the current justices were stolen seats that engineered this highly partisan court in the first place. Those things are why the court is not legitimate.
Sorry but that answer actually doesn't even warrant a reply it is so based on delusional thinking and complete lack of reason.

'flat out unconstitutional" LOL.
 
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