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Amicus With Dahlia Lithwick | Law, justice, and the courts - Opinionpalooza: Don’t Call the Mifepristone Case a Win (Preview)

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Slate

News, Business, Society & Culture

3.91.1K Ratings

🗓️ 13 June 2024

⏱️ 7 minutes

🧾️ Download transcript

Summary


What do you call a case where there’s no standing and yet the lawsuit is still standing? FDA v Alliance for Hippocratic Medicine AKA the mifepristone case, AKA the case that tried to raise a zombie law from the dead, and will now continue to roam the lower courts in search of a national abortion ban. 

While the Comstock Act was not mentioned in the US Supreme Court’s unanimous decision to maintain the legal status quo on abortion pills, the overton window just got wedged open a little wider.

In this Opinionpalooza extra episode of Amicus, Dahlia Lithwick and Mark Joseph Stern discuss SCOTUS’ abortion pill decision in depth and explore the consequences of a case that was doomed to fail before even this Supreme Court, but is also doomed to return to haunt us.


This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. We kicked things off this year by explaining How Originalism Ate the Law. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!)

This episode is member-exclusive. Listen to it now by subscribing to Slate Plus. By joining, not only will you unlock exclusive SCOTUS analysis and weekly extended episodes of Amicus, but you’ll also access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit slate.com/amicusplus to get access wherever you listen.


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Transcript

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0:00.0

Hi, it's Dahlia Lithwick and the Supreme Court's opinion paloosa is heating up.

0:10.1

So here on Amicus, we are doing our very, very best to stay on top of everything and to bring you along for the ride.

0:17.2

Still to come in this season of unelected politicians in robes.

0:21.8

The court has yet to issue decisions on whether adjudicated domestic abusers have the right to bear arms,

0:28.8

if coup-prone presidents are truly above the law, and whether pre-viability fetuses have more rights than their reproductive hosts, who we call women.

0:40.4

On Thursday morning, we received a unanimous decision on abortion pills that means that the

0:46.7

status quo on abortion medication holds. Yay! But wait! Good news from the Supreme Court can

0:53.2

rarely be taken without the proverbial pinch of salt,

0:57.1

and that's what Slate's very own Mark Joseph Stern and I hope to provide, not simply the salt,

1:02.7

but the context for decisions in a Supreme Court term that is as much about ideological warfare

1:08.3

as it is about the merits of any one individual case.

1:13.3

In a unanimous decision on Thursday morning, the High Court found an insurmountable lack of standing from doctors and dentists claiming moral injury from the possibility of treating patients who had taken abortion medication.

1:28.8

Mipapristone, the abortion drug, documented to be safer than Tylenol or Viagra,

1:34.9

with decades of clinical study, both here and around the world to back that up,

1:39.8

will continue to be licensed by the FDA for use in a two-step regimen to terminate pregnancy.

1:47.4

But this is what a win looks like at the court.

1:49.6

And that's pretty chilling.

1:51.3

Here is a taste of my conversation with Slade's very own, Mark Joseph Stern, senior writer on the courts, on the law and democracy, and the Amicus podcast's very favorite

2:03.8

opinion-palooza mixed doubles partner.

2:08.0

I hate that Amicus could be called Skunk in the Elevator Show, but I think this is a good skunk in

2:15.0

the elevator day. So let's dig in. Reading Justice Brett Kavanaugh's unanimous opinion, and I just want to point out it really is proof that he went to law school and learned stuff. But you might start to wonder how in the world this utterly absurd case ever got to the high court. Now, you and I have been wondering that for a very long time.

2:36.4

It's even a ludicrous case to Justice Kavanaugh. So can you just remind us what the backstory is?

...

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