Thursday, June 13, 2024
SCOTUS Unanimously Upholds FDA Rule on Abortion Pill on Grounds of Standing
In an unanimous opinion by Justice Kavanaugh, the U.S. Supreme Court overruled the lower court's invalidation of the FDA's current rules on the permissibility of the abortion pill, mifepristone. The opinion is based solely on standing, finding that the pro-life physicians did not have standing to seek an opinion on the pill because they did not use, prescribe, or manufacture the pill. Instead, they sought to address others' personal use -- a fatal flaw for standing.
A concurrence by Justice Thomas goes deeper into associational third-party standing. There is a brief paragraph of particular interest to Remedies scholars, where Thomas discusses redressability and cites, Grupo Mexicano, Uzuegbunam, and universal injunctions.
The case is: FDA v. Alliance for Hippocratic Oath, 602 U.S. ___ (June 13, 2024).
One favorite line: "An Article III Court is not a legislative assembly, a town square, or a faculty lounge."
https://lawprofessors.typepad.com/gender_law/2024/06/scotus-unanimously-upholds-fda-rule-on-abortion-pill-on-grounds-of-standing.html