A little less than 300 days ago, I told you all that I was going to be starting an independent newsletter to cover #SCOTUS and the legal world. Tonight, we hit — and passed — 10,000 total (not paid!) subscribers at @lawdorknews. Thank you all so much. lawdork.com
Here was that first day, when I still wasn't sure whether I would be calling it Law Dork!
I said that day that I was a little scared about this — and I still am! — but I honestly can’t imagine any other path for the past 10 months. And I can’t wait for what’s up ahead for me, and Law Dork, as we move forward. Thanks to everyone who’s been a part of this and helped me.
My original goal—after talking with folks about what Law Dork would be (mainly, reporting & analysis of the law, cases, & subjects like legislation that I know will lead to litigation)—was to hit 10K total in a year. We've done that with more than two months to go. So grateful.
I've got a lot more work to do, and there's so much more that I wish I could be doing every day, but I'm unbelievably grateful that I've found myself in the space that I could try to make this happen — and to find that it's working. Here's to Law Dork! lawdork.com
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BREAKING: Judge Rice in Washington says that his injunction — requiring continued availability of mifepristone under the January 2023 REMS (allowing mailed prescriptions) in the 17 plaintiffs states + DC in the lawsuit — applies “irrespective” of the Tex/5th Cir ruling.
NEW: DOJ files a request for partial stay of the ACA preventative care ruling pending appeal. The court there tossed out the preventative care coverage requirements, for the plaintiffs and nationwide. DOJ asks for a stay only as to the nationwide effect. storage.courtlistener.com/recap/gov.usco…
This is the Reed O’Connor case and the decision on the PrEP, cancer screenings, and other coverage requirements that I covered here: lawdork.com/p/judge-reed-o…
Update: Plaintiffs' response in the ACA preventative care case on DOJ's motion for a partial stay pending appeal is due Monday (Apr. 17), with a reply due Tuesday (Apr. 18). DOJ had requested a ruling by Apr. 20, a week from today. storage.courtlistener.com/recap/gov.usco…
BREAKING: The Fifth Circuit stays Kacsmaryk's order ONLY as to the 2000 approval of mifepristone, not as to the 2016 REMS changes or subsequent changes, including the 2023 ending of the in-person dispensing requirement. storage.courtlistener.com/recap/gov.usco…
To start, although styled as per curiam, this is from Judges Engelhardt (Trump) and Oldham (Trump).
Judge Haynes (George W. Bush) would have granted an administrative stay, and deferred to the argument panel.
Before I continue: Subscribe to @lawdorknews for my latest on this case and all things SCOTUS and the law —> lawdork.com
At this point, the briefing is completed. I'm going to review the filings and post, but we could, in theory, get an order from the 5th Circuit at any time here. Also, recall that DOJ asked for a ruling by noon Thursday so that they can go to SCOTUS if needed.
JUST IN: The plaintiffs in the Texas mifepristone case file their opposition at the 5th Circuit to DOJ's request for a stay of Kacsmaryk's ruling pending appeal. storage.courtlistener.com/recap/gov.usco…
In their opposition, the plaintiffs call Kacsmaryk's heavily criticized ruling "meticulously considered," and refer to ending the in-person dispensing requirement as the "FDA’s unlawful mail-order abortion regime."
Plaintiffs state that Kacsmaryk's "order merely removes mifepristone from the mails and the market; abortion will still be available in states that permit it."
This ignores a ton, incl. how common medication abortion is in 2023 & places where surgical abortion isn't available.
Stephen Miller's "America First Legal Foundation" is working to prevent Americans from being able to get preventative care like cancer screenings and PrEP under the ACA.
The case was filed before Miller's group was formed, but Gene Hamilton joined up with Jonathan Mitchell as counsel for the plaintiffs in June 2021, a few months after the group was formed. storage.courtlistener.com/recap/gov.usco…
And America First Legal Foundation's Hamilton remains on the filings on appeal.