The Supreme Court on Thursday threw out a lawsuit seeking to roll back access to mifepristone, one of the two drugs used in medication abortions. In a unanimous decision, the court ruled that the doctors and medical groups challenging the expansion of access to the drug by the Food and Drug Administ
That’s a misleading headline. They didn’t preserve anything. They are basically saying the plantiffs didn’t have grounds. They’ve left the door wide open for another challenge.
It’ll be a hard time finding another plaintiff with propper standing in a case on this question, given the nature of the medicine.
Even if they were to get standing, saying the government not restricting something that may cause harm is actionable seems like a tough position to attend. Especially given this line in the opinion:
They’ve manufactured actual fake cases before, they can do it again.