And I also want to thank Sam and Clarence for so effectively citing the 150 year old Comstock Act as an effort to pave the way for the future where women's bodies once again will be subjugated to misogynistic laws. That's obviously where this is going to go next, Clarence has mentioned Griswold in previous rulings.
It's unbelievable in the year 2024, nearly 55 years after went to the Moon, that we are still talking about reproductive healthcare as if we don't deserve it.
It is really unfortunate that these old laws were not already repealed over the last 50 years. We have super loud minority voices of extremism in this country that want to roll us back to the dark ages.
Notable all three advocates are women. Various articles on the shortage of women advocates.
Some people now talking about overturning the Comstock Act. Seems a whole lot more workable than codifying Roe though I think the Republicans would still filibuster it.
Anyway, a bit of an anti-climactic argument. Shows there is a limit even this majority is willing to go.
This is not meant as a snarky or sarcastic comment, but do these Supreme Court justices realize how thin the ice is that they're skating on? They already have zero credibility with a significant portion of the public, and this case has no merit whatsoever in terms of both standing and on the merits. If they have any remaining concern for the institutional power of the Court - which, of course, has no ability to enforce its own rulings, being fully reliant upon the executive branch and the people to take those rulings seriously as law - they will get rid of this case as soon as possible. They already engaged in outright fraud in the wedding website case.
Glad to here the details of how it went well. REALLY glad that the court is pushing back on speculative standing and particularly on nationwide injunctions.
Thomas and Alito would love to remand to FDA to consider Comstock but they’ll have to swallow AHMs standing argument to get there. But they’re for sure gonna say something about it.
The Roberts Court majority is not a judiciary body, but a political animal with a learning curve. They learned from Dobbs in 2022 the perils of handing down a life-diminishing majority opinion in an election year. In 2024, the stakes are even higher: the Republicans on the Court are mindful that the wrong ruling could put paid to a long, elaborate project to achieve single party dominance in the US. They were always going to find a pretext to push back against this litigation: but after the election, it's on to the next.
I thought the Comstock stuff was among the most interesting — well, if Barrett coming off sounding as pro-choice as Sotomayor is discounted — and in follow up commentary the dissection noting that if Comstock becomes enforced, it means loads of drugs and surgical supplies will no longer be able to use the transportation systems in the country. This could easily mean chemotherapy drugs can’t be shipped to hospitals if they will cause an abortion. It means that stirrups that attach to exam tables can’t be shipped to doctors offices or hospitals. A person from the hospital in a private car can go get them from the manufacturer’s plant (and maybe from a warehouse if the manufacturer operates the trucks itself) but it’s crazy what happens here. Note, too, that misoprostol is most often used for ulcer treatment, so there’s that unintended consequence as well.
I suppose someone will say it’s fanciful to think about these outcomes but imagine the documentation chain to prove otherwise - documenting that the drug shipped by fedex was only used in men, for instance, or in post-menopausal women or women who had had a hysterectomy? So no one is committing a felony on the back end? Doctors will simply quit. Full stop.
If / when the Dems get a super majority they must codify Roe and repeal the Comstock Act. Zombie laws have got to go. Biden must expand the SC to reflect the 13 Districts that we have. Thomas must be impeached and Kavanaugh must undergo a thorough FBI investigation and impeached if warranted.
Keep up the excellent work and thank you for fighting for our Democracy.
Thank you for this. Well written and gripping and clear. Pleasantly surprised. We desperately need to expand the courts and so many things, and here’s to hoping we can, soon. Still, we live to fight another day and that’s not nothing.
Great update chris, thank you.
And I also want to thank Sam and Clarence for so effectively citing the 150 year old Comstock Act as an effort to pave the way for the future where women's bodies once again will be subjugated to misogynistic laws. That's obviously where this is going to go next, Clarence has mentioned Griswold in previous rulings.
It's unbelievable in the year 2024, nearly 55 years after went to the Moon, that we are still talking about reproductive healthcare as if we don't deserve it.
It is really unfortunate that these old laws were not already repealed over the last 50 years. We have super loud minority voices of extremism in this country that want to roll us back to the dark ages.
Notable all three advocates are women. Various articles on the shortage of women advocates.
Some people now talking about overturning the Comstock Act. Seems a whole lot more workable than codifying Roe though I think the Republicans would still filibuster it.
Anyway, a bit of an anti-climactic argument. Shows there is a limit even this majority is willing to go.
Excellent play-by-play for amateur law nerds (AKA “citizens”).
This is not meant as a snarky or sarcastic comment, but do these Supreme Court justices realize how thin the ice is that they're skating on? They already have zero credibility with a significant portion of the public, and this case has no merit whatsoever in terms of both standing and on the merits. If they have any remaining concern for the institutional power of the Court - which, of course, has no ability to enforce its own rulings, being fully reliant upon the executive branch and the people to take those rulings seriously as law - they will get rid of this case as soon as possible. They already engaged in outright fraud in the wedding website case.
We get to live to fight another day.
Glad to here the details of how it went well. REALLY glad that the court is pushing back on speculative standing and particularly on nationwide injunctions.
Thomas and Alito would love to remand to FDA to consider Comstock but they’ll have to swallow AHMs standing argument to get there. But they’re for sure gonna say something about it.
Glad they are looking at these nationwide injunctions. Seem to contradict our structure of government if you ask me.
The Roberts Court majority is not a judiciary body, but a political animal with a learning curve. They learned from Dobbs in 2022 the perils of handing down a life-diminishing majority opinion in an election year. In 2024, the stakes are even higher: the Republicans on the Court are mindful that the wrong ruling could put paid to a long, elaborate project to achieve single party dominance in the US. They were always going to find a pretext to push back against this litigation: but after the election, it's on to the next.
I thought the Comstock stuff was among the most interesting — well, if Barrett coming off sounding as pro-choice as Sotomayor is discounted — and in follow up commentary the dissection noting that if Comstock becomes enforced, it means loads of drugs and surgical supplies will no longer be able to use the transportation systems in the country. This could easily mean chemotherapy drugs can’t be shipped to hospitals if they will cause an abortion. It means that stirrups that attach to exam tables can’t be shipped to doctors offices or hospitals. A person from the hospital in a private car can go get them from the manufacturer’s plant (and maybe from a warehouse if the manufacturer operates the trucks itself) but it’s crazy what happens here. Note, too, that misoprostol is most often used for ulcer treatment, so there’s that unintended consequence as well.
I suppose someone will say it’s fanciful to think about these outcomes but imagine the documentation chain to prove otherwise - documenting that the drug shipped by fedex was only used in men, for instance, or in post-menopausal women or women who had had a hysterectomy? So no one is committing a felony on the back end? Doctors will simply quit. Full stop.
If / when the Dems get a super majority they must codify Roe and repeal the Comstock Act. Zombie laws have got to go. Biden must expand the SC to reflect the 13 Districts that we have. Thomas must be impeached and Kavanaugh must undergo a thorough FBI investigation and impeached if warranted.
Keep up the excellent work and thank you for fighting for our Democracy.
Thanks for the excellent summary of the argument. Very informative.
Thank you for this. Well written and gripping and clear. Pleasantly surprised. We desperately need to expand the courts and so many things, and here’s to hoping we can, soon. Still, we live to fight another day and that’s not nothing.
Thank you Chris. I tuned in
for some off the captioned
proceedings today was glad
to see the push back from
the court on standing. Barret
was a surprise with some of
her questions, especially the
one concerning D&C/miscarriage/abortion and how
many cases there had
actually been in this group
doctors. 1 case.
Alito and Thomas on Comstock. An 1873 law before telemed, FDA and
ordering meds online 😉
were dreamed of. Antiquated
to say the least. Needs tweaking by Kagan, Sotomayor and Jackson.