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First SCOTUS decision of the day is the mifepristone case! SCOTUS unanimous (by J. Kavanaugh) holds that the doctor's group challenging the 2000, 2019, and 2021 FDA approvals lack standing. www.supremecourt.gov/opinions/23p...
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(This is not the only SCOTUS decision coming today.)
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Justice Thomas, concurring, writes to add that the high court should revisit associational standing (to overturn the concept) in an appropriate case.
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"I wasn't able to convince my colleagues to destroy the basics of the administrative state this time, so we should revisit the reason this should never have gotten to us in the first place so I can try again" -Thomas, effectively
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I think they are just going to totally gut Chevron to destroy the administrative state - they won't go too far on association standing bc they love it when the NRA or other orgs can file their borderline frivolous lawsuits
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Makes me wonder what they're softening the blow for.
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The other abortion case, maybe. I hope I’m wrong.
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Doesn’t have to be another case. Could just be distracting from the continuing delay on presidential immunity.
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I'm interested to find out if this precedent can be used to challenge HRT bans
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Would be nice, but those are laws passed by legislatures, not some rando suing to block access for others.
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A weaselly way out of having to decide on the merits but maybe a good prescient anyway?
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It's not much precedent, because it basically amounts to them just saying "standing still exists". And it's 100% how this case should have gone.
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Does this overturn or concur with the lower court?
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Overturns the 5th Circuit’s decision in this case. It concurs with every sane court in the country.