Thread by @ElieNYC

Okay folks. I'm back for today's SCOTUS arguments about mifepristone. To set the stage, Forced-birthers are trying to prohibit medical abortion based on junk science and the idea that James Ho likes looking at other people's babies.

All the lawyers arguing today will be women. Solicitor General Elizabeth Prelogar for the FDA.
For the group of doctors and dentists who didn't prescribe the abortion pill but want to take it away anyway, it's Erin Hawley, wife of Sen. Josh Hawley

And lastly Jessica Ellsworth representing Danco Labs which makes mifepristone and will argue "DO YOU WANT TO LET THESE ASSHOLES CHALLENGE EVERY DRUG ON THE FREAKING MARKET???"... or something. :)

Prelogar coming out firing. Talking about how the other side doesn't have standing "The Court should say so and end this."

Thomas is like "but who would have standing?" And Prelogar says "If they question is if people who oppose abortion would have standing, the answer is no."

Thomas now talking about upending SCOTUS rules just to make sure forced birthers can challenge in court. :(

Alito asking "is there ANYBODY who can challenge what the FDA did here?"

Remember: what the FDA "did here" was APPROVE A DRUG TWENTY YEARS AGO.

Alito also wants to know if doctor who opposes abortion can challenge. He's talking about a "conscience objection" for that doctor.

Prelogar not budging: "even if there is no alternative person who could sue, that doesn't mean that the Court should depart from Article 3 principles."

Alito is basically like SO NOBODY CAN HELP THE WOMEN WHO ARE HARMED!!?? He's such an intellectually dishonest dickhead.

Prelogar lists ALL THE WAYS an actual harmful drug can be sued to take off the market. (including, like, all of tort law).

Alito is not satisfied.

Thomas, Alito, and it sounded like Roberts, seem all on board to give fucking dentists standing to sue over the abortion bill.

Oh Jesus, now here comes Barrett.

Gorsuch now talking about "offended observer standing." Remember that part of the standing argument here is that pregnant people are like manatees and so people who enjoy looking at them should have standing to sue.

I'm not making that up because I'm not that evil/creative.

The upside here is that: I'm pretty sure Gorsuch *hates* offender observer standing. Like, I think he's written that it's stupid (I could be misremembering, don't quote me).

Anyway, point is, he could have brought that up just to piss on it and could be *against* standing here.

Alito now back arguing Comstock act.

This is about whether the FDA can authorize people mailing abortion pills. This is the part that surely the forced-birthers on the court are going to strike down, I think. The point of granting them standing is to get to this.

The Comstock Act is how their going to restrict contraception next, by the way.

I wrote about the act (and the man) in my book, in the abortion chapter.

Kavanaugh: "Just to be clear, no doctor can be forced to... perform abortions."

Kav continues his unbroken streak of asking the "Class was moving a little too fast for me" questions.

But, can we just pause here to say that it's ridiculous that SCOTUS is very worried about doctors being "forced" to perform abortions (they're not) but don't care about [checks notes] WOMEN BEING FORCED TO BRING A PREGNANCY TO TERM AGAINST THEIR WILL.

Sorry, just needed to reset the level after Kavanaugh reminded me how dumb these people are.

Barrett wants to ban this pill so badly you can feel it. She's trying so hard to get around standing because she's so desperate to take this away from people.

They got Prelogar in and out of there in 40 minutes. It's not necessarily a sign for how the justices are going to rule, but it is a sign that the argument is PRETTY OBVIOUS here. SCOTUS gonna SCOTUS but there's nothing complicated here.

Ellsworth now, also against standing.

And Thomas going straight in on the Comstock act.

Thomas, who only asks questions since live audio started to show he's there, is pretty much telling Danco that they're going to lose under Comstock straight up. It's as direct as he's willing to be in oral arguments. He's telling Danco that they're not allowed to win.

I don't know exactly what Alito is on about here but I think he's just being generally pissy. He's an abusive Republican uncle who comes over for dinner and complains about the food and shits on your kids.

HAAA... I love Jackson. I LOVE JACKSON.
Alito: "Do you think the FDA is INFALLABLE? [evil smirk]"

Jackson [5 minutes later]: "Do you think JUDGES are infallible? Do you think they have special medical training?"

Justice Jackson is there so the rest of us don't have to be.

Sigh... here comes Hawley.

I mean, she starts out saying "Doctors have suffered harm tens of thousands of times... excuse me I dozens. WOMEN have suffered harm tens of thousands of times."

12 v. 10,000, meh, Republicans are not great with math.

Hawley: "They entered the medical profession to bring life into the world... when they have to leave their floor to deal with abortion drug harm.."

These fucking people, y'all.

Hawley is arguing that the FDA doesn't require enough reporting about harms from the abortion pill, which is why her organization doesn't have any evidence of harms.

It's a perfect circle... of bullshit.

Jackson saying why can't the conscientious objecting doctor just, you know, NOT perform abortions and let "everybody else in the country" have the pill.

And... Gorsuch... seems to be... backing her up??

I HEREBY DO DECLARE JUSTICE NEIL GORSUCH "IN PLAY" FOR THE KEEPING THE ABORTION PILL!!!! :)

Apparently, we've triggered "anti-universal injunction"-Gorsuch.

Never know which power this dude is going to be fixated on destroying but TODAY THE BROKEN CLOCK STOPPED ON THE RIGHT NUMBER

Kagan is like "Oh, oh, OH SHIT WE'RE WINNING. LEMME GET MY STABBING KNIVES OUT FOR HAWLEY"

Soto, Kagan, Jackson, Gorsuch, and... maybe Roberts and Kav are a no on standing. Barrett should be a no on standing but she wants to ban the drug so badly her brain my short-circuit.

Gorsuch read the standing section in his Federalist Papers 2000 (the secret, extended copy of the Federalist Papers on he and Nic Cage knows exists) this morning!

Kagan and Sotomayor just beating up on Hawley and Alito tried to chime in and help her and was ignored. :)

Honestly, I can't remember Erin Hawley getting this much push back from SCOTUS. Barrett is now hitting her on the "harm" her doctors and dentists suffered (again, there's none)

Hawley: Broader conscience harm
Jackson: Yeah, what the fuck is that?
Hawley: "being complicit in the process that takes an unborn life."
Jackson: "No, wait, I'm sorry. Complicit in that... I work in the ER? Complicit in that... I hand them a water bottle?"

hahahaha

Kagan now back with more WHAT THE FUCK ARE YOU EVEN TALKING ABOUT

Wife: [walking in] What's happening?
Me: Josh Hawley's wife is getting fucked up.
Wife: By who?
Me: Literally all the women. Men haven't talked for 20 minutes.
Wife: Nice.

The fact that these arguments have almost been entirely about standing with only Alito really even trying to get to the merits is... very good. Very very good.

I'm also liking that, except for one stupid question, Kavanaugh has been silent (or passed out, I can't see the room)

Prelogar now for rebuttal. This is moving fast. I mean, Colorado ballot access took almost three hours. This, we're an hour and a half in. :)

Prelogar: "The problem here is that they sued the FDA. The FDA has nothing to do [with the conscience injury]"

This isn't a rebuttal so much as a victory lap.

Prelogar rarely gets to win and... she's just like dunking now.

CASE IS SUBMITTED:

Folks... I think we're gonna win. I think we're gonna win by a lot. :)