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Case in Point: The Legal Show on the Hottest Legal Cases in Politics and Culture

Abortion, Immunity, and Originalism

Case in Point: The Legal Show on the Hottest Legal Cases in Politics and Culture

The Heritage Foundation

Government

4.5527 Ratings

🗓️ 28 March 2024

⏱️ 36 minutes

🧾️ Download transcript

Summary

This week the Court heard oral arguments in the high-profile case challenging the Food and Drug Administration's expansion of access to the abortion drug mifepristone. GianCarlo discusses that case, oral arguments, and the mess of standing doctrine. After that, Zack interviews Professor John Yoo who gives his expert take on the Trump immunity case and makes his case that originalism is moral. Last up, trivia about the judiciary's own administrative state.


You can find Zack's articles about the Judicial Conference here and here.


Follow us on X @scotus101 and @tzsmith. And please send questions, comments, or ideas for future episodes to scotus101@heritage.org.


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Transcript

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0:00.0

Mr. Chief Justice, may it please the court.

0:05.5

I'm John Carlo Canoparo.

0:07.3

I'm Zach Smith.

0:08.5

And welcome to SCOTUS 101, where we break down what's happening at the Supreme Court, what the justices are up to, and other things related to our favorite branch of government.

0:21.0

Welcome back to SCOTUS 101.

0:23.9

Welcome back indeed.

0:25.2

We have a great episode this week with an interview with Professor John Yu and trivia

0:29.6

about what I call the court systems administrative state.

0:33.4

But first, G.C., why don't you tell us what's new at the Supreme Court this week?

0:37.9

All right.

0:38.4

Well, we have no new opinions or cases, but there is one big oral argument to cover,

0:43.0

and that is the Food and Drug Administration versus the Alliance for Hippocratic Medicine.

0:47.7

This case challenges several actions by the Food and Drug Administration to expand access to the abortion drug, Mithopristone.

0:55.1

In 2016 and 2021, the FDA made several changes to the use of this drug.

1:00.9

Among other things, it allowed the drug to be used through the 10th week of pregnancy

1:05.6

and allowed non-doctors to prescribe it without an in-person visit.

1:10.8

Now, a group of doctors sued arguing that the FDA's decision-making process was arbitrary,

1:16.0

driven by politics rather than the expert medical judgment that is supposed to animate the agency's

1:20.6

decision-making.

1:22.1

At all argument, the justices focused almost entirely on standing.

1:26.4

That is, the requirement that to bring a case, you have to have suffered an injury traceable to the defendant that a court can remedy.

1:33.5

In many past cases, almost exclusively brought by liberal challengers to conservative rules and policies on abortion, immigration, and the environment, the court has taken a very expansive idea of standing.

...

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