Sunday, June 16, 2024

The supreme court’s abortion pill ruling isn’t the end of a fight. It’s the beginning

Because mifepristone is safe and effective – because it is easy to use, easy to access and difficult to track – the anti-choice movement will not stop looking for ways to restrict or ban it. And despite the justices' ruling in this latest case, it is likely that the supreme court will look to help them. This particular case isn't even dead: back at the district court, Judge Kacsmaryk has already allowed three states – Missouri, Kansas and Idaho – to join as plaintiffs, and their claims will go forward. It is likely, too, that the anti-choice lawyers bringing the suit will soon find plaintiffs with more plausible standing claims. 

When those plaintiffs reach the supreme court, there is every indication that they will find a sympathetic audience for their merits claims in the court's conservative supermajority. As Mary Ziegler, a law professor and historian of the anti-abortion movement, put it, "One could read parts of this opinion as creating a roadmap [for] future plaintiffs who do want to establish standing."…

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