This is the Libertarian Podcast from the Hoover Institution.

I'm your host, Tom Church, and I'm joined as always by the Libertarian Professor Richard Epstein.

Richard is the Peter and Kirsten Bedford senior fellow here at the Hoover Institution.

He's the Lawrence A. Tish Professor of Law at NYU, and he's a senior lecturer at the University of Chicago.

Howdy Richard, it's time for another Supreme Court roundup.

Are you ready to go?

Well, there's always surprises with the Supreme Court, but I'll give it my best shot.

I'm sure you will.

I think let's start first with the FDA versus the Alliance for

Hippocratic Medicine. So this is the abortion pill case so the Supreme Court

ruled unanimously by the way unanimously that Mifapristoon could continue being sold as is.

So I think I have two questions for you here, Richard.

Am I right in assuming that this isn't going to be the end of the issue because the ruling,

the unanimous ruling was on the legal standing of the doctors who sued rather than

an underlying constitutional issue because I know that a couple other states have brought their own claims with different arguments for standing

The answer is an issue like this is never finished

Whatever it is that you think you've done there there's another branch of government, another state, another Congress, another statute that somebody could introduce.

Technically, the doctrine of standing says you have to show some kind of a discrete interest in order to be able to attack a

particular statute because it impairs the way in which you eat your life. And the

doctors who brought this stuff were essentially guys who are not impacted by the ban or by the use of the drug in any way, shape, or form.

There was no mandate that they use it, at which point they would have had standing to block that.

What it was that other people wanted to use it and they didn't like it. And even under my views, which are very pro allowing standings to be done, I don't see this as a real case. The issue I think is one that's going to have to be decided politically at this particular point.

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