Thursday, April 13, 2023
Matthew Kacsmaryk's medication abortion decision: A Scalia clerk dismantles it.
The court holds that the plaintiffs have standing, that their lawsuit was filed on time, that their lawsuit can proceed even though they did not make their arguments to the FDA, and that they win on the merits. Each of these holdings is egregiously wrong. This excerpt will walk through the court's errors on the issue of standing, which are sufficient to establish that a higher court should stay and ultimately reverse Judge Kacsmaryk's decision...
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