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Advisory Opinions

What the Abortion Pill Case Is Really About

Advisory Opinions

The Dispatch

News, Government, Politics

4.7 • 4K Ratings

🗓️ 28 March 2024

⏱️ 63 minutes

🧾️ Download transcript

Summary

Sarah and David discuss the legal arguments and media spin around the Mifepristone abortion pill case. The Agenda: —Mifepristone at the Supreme Court —SCOTUS and the 5th Circuit —Arresting a 72-year-old woman —The "Burning Man" festival of Alaska —Red brief, green brief, orange brief too —The stigma of the green bubbles and the DOJ's antitrust case against Apple Show Notes: —Oral argument transcript, FDA v. Alliance Hippocratic Medicine —Federal Judge Roy J. Altman speaks on his recent trip to Israel —Sarah v. Kara on Bill Maher Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

You ready?

0:02.0

I was born ready. Welcome to Advisory opinions. I'm Sarah Isger and I've got special guest David French joining me. We're so

0:24.2

thrilled to have you David. It's always a pleasure Sarah. Thank you for having me.

0:27.7

First off we did get an update from the Fifth Circuit on that immigration case involving

0:32.4

SB 4 after the hearing that the Fifth

0:36.4

Circuit held on the injunction and the stay pending appeal that did not go well for the state of Texas. It won't be any

0:44.8

surprise that the Fifth Circuit Merits panel decided to keep that injunction in place.

0:50.7

So SB 4 is still not in effect in Texas. That was exactly what everyone

0:54.3

thought would happen after the hearing and now we move on to the merits and

0:59.0

just hang out. But David, we had two really interesting cases at the Supreme Court, one on Miffa Pressstone, the abortion-inducing drug, and one on retaliatory arrest. But I know everyone wants to start with Miffa Pressstone.

1:14.8

Give the people what they want, as you say, David.

1:18.0

We talked about this case several times

1:21.2

since the court granted it.

1:22.9

The district court had a huge, very expansive finding

1:27.9

against the FDA going all the way back to its original

1:31.5

approval of the drug, way back in 2000 roughly. The Fiscer get narrowed

1:36.1

that holding but still held that the FDA's expansion of the drugs use and its mail was in violation of the APA and various FDA

1:48.2

regulations and that is what the fifth circuit sorry the Supreme Court then agreed to take.

1:53.8

Now, by definition, the Supreme Court taking that,

1:57.2

we've said before, generally means statistically

1:59.8

that they are likely to overturn the circuit court.

2:02.7

And in particular, we've talked about how

...

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