Seriously. The Abortion Pill Case Is A Ruling In Search Of An Issue, Follow The Logic

You know, in order to engender as much fear and angst as possible, and to keep everybody on the edges of their seats awaiting developments that could occur at any moment, the media has totally mischaracterized the recent abortion pill case coming out of Wingnut Wahoo, Texas.

The media makes it sound like the weightiest legal issues in the world are at stake here, and nothing could be further from the truth. And they make it sould like the Supreme Court is going to release a ruling worthy of King Solomon, when the court isn’t about to decide jack sh*t.

Question. What laws have been broken in this abortion pill case? What legal precedents have been trampled, and what long standing norms have been violated. Answer. None. That’s the Dobbs decision you were thinking about. So, media romanticism aside, what is this case about?

Here’s what. It is at heart a sick political joke in bad taste, that like the Texas SB 8 case, took wing because we let The Great Pumpkin, with an IQ to match spend four years appointing federal judges.

No bullsh*t, here’s what this case is really about, stripped of all the $10 legalese. Twenty three years ago the FDA followed their normal practice, researched, followed multiple rounds of clinical testing, and approved a new drug to the market. The drug just happened to be an extremely safe and efficient way of chemically inducing abortions without a physical procedure. News Flash for the diaper heads in the GOP, the FDA does this every day for a living. And now a bunch of far right tongue speakers and an ideologically motivated judge want the FDA to give them a o over.

Everybody got that? Good, because that’s all there is! Which begs the simple question, Why not pull this stunt 23 years ago when the FDA originally approved the medication? A couple of reasons. For one, when this drug came out, the judge was probably still toking doobies and sweating out his bar exam, and the con can’t work without his close air support.

But more importantly, 23 years ago they couldn’t legally do it. Oh, the bush burners were almost certainly furious, pissing and moaning about the approval. But back then, Roe v Wade was settled case law, abortion was legal, and the abortion pill was properly considered and approved by the FDA. The only thing that has changed in the last 23 years is the Dobbs decision, which gave them the oxugen to pull this sick joke.

Now let’s move on to the nine national ninnies in the tacky black frocks. The way the media makes it sound, the next time the court opens its big, fat mouth, there will be some kind of earthshaking ruling coming down, one way or the other. And nothing could be further from the truth. Unless the court breaks preedent, all we’re getting is a purely procedural decision.

Here’s why. When the dime store cowboy judge in Texas issued his ruling, the DOJ immediately appealed the ruling to the 5th Circuit Court of Appeals. The court accepted the case, but without taking the normal step of issuing a temporary stay to keep the ruling from going into effect while it considered the case. Instead, it issued a five day temporary stay to allow the DOJ to file an emergency motion with the supreme Court.

Which is exactly what the DOJ did. And on Friday night, at the last moment, failed standup comic Sam Alito granted a five day stay for consideration. And then at the last minute last night the tease extended the stay until midnight tomorrow night.

But here’s the McGuffin. Unless the court pulls a shocker and decides to use the shadow docket to throw the nation into a state of unarmed rebellion, they likely won’t even comment on the case at hand. The only decision they’re going to make is whether or not to extend the stay while the case drags its way through the process. My best guess is that the court already has the five votes necessary to extend the stay, and they’re using the time to craft the language of the ruling to gently tell the 5th Appellate Court to keep this mega turd well clear of their doorstep. I wouldn’t be at all surprised if you hear the word standing at least once, if not more in the ruling.

It’s ridiculous. This is like the script for an old Night Court episode that got left in the circular file. You have an anti abortion judge on a crusade, one with either medical training or federal administration schooling telling the FDA to change a 23 year old decision, just cuz, umm, stuff. And a wussy appellate court lacking the cojones to kick the original ruling judge in the *ss for being such a knucklehead, and trying to drag the Supreme Court into this mosh pit. Welcome to the Trump/GOP judicial system. Dianne Feinstein needs to either get back to work next week, or resign. The clock is ticking on Biden’s ability to neutralize this nonsense.