Man, I hate it when fresh news overwhelms current reporting. I just wrote a new article about how the GOP is lost because abortion has been their only cause celebre for 50 years. And now new news is not making the article obsolete, it’s making it almost prophetic.
Several hours ago a far right wingnut Texas federal court judge told the FDA that they didn’t even know how to follow their own practices and procedures, and stalled the distribution of the most popular abortion pill. The hack was gracious enough to stay his own ruling for seven days to allow the government to file an appeal, and request a continuing stay from the appellate court.
But here’s what curdles the sour cream. Mere hours later a Washington state federal court ruled on an almost identical case, that the FDA must continue it’s best practices and that the drug would remain available. So, whose ruling actually takes effect? This case just became a sure fire Supreme Court case, since you have two lower courts in direct conflict on the same issue.
And it’s certain to get to the SCOTUS fort one simple reason. Judicial politics, the one thing that no judge wants to admit exists. When the government files its appeal in the Texas case, it will go before the 5th Judicial Circuit Appellate Court, which is notoriously conservative, and can be counted on to rule for the lower court in an almost knee jerk reaction.
But the Washington state case is destined for the 9th Appellate Circuit Court in San Francisco, the most notoriously liberal appellate court in the country. And it is almost equally as certain that the appellate court will back their homies and rule in favor of the Washington judge. Which is an almost guaranteed fast track to the Supreme Court, since they now have multi-jurisdictional courts at loggerheads over the same issue. Exactly what the SCOTUS was set up to do.
Which brings us to the GOP’s worst electoral nightmare. Timing. Due to the Supreme court’s peculiar scheduling calendar, while the Roe case was in the judicial pipe in plenty of time, the court’s summer hiatus meant that the case couldn’t be scheduled until the fall session. And in turn that meant a spring decision, just when the 2022 midterms were heating up. And the resulting national furor kept the GOP from retaking the Senate, and gave them a dysfunctional majority in the House.
Well my dear friends, history is about to rhyme again. And it’s all in the calendar. The Supreme Court is already in its spring session, and the case load is set. The lower court cases that were decided today will take months to wind their way through the appellate process, even with fast tracking, and there is no reason for the 9th circuit to fast track it. These cases will not be decided in time to be heard before the court goes on its June hiatus.
Which brings us right back to history rhyming again. The court will almost certainly take the combined cases up when it returns for their fall session. But then it all comes down to timing again. Remember, it would normally take a minimum of 3-4 months for a decision to be issued once the case is heard. But if the cases aren’t resolved by the time the court goes on hiatus in June, then they won’t be on the early docket for the fall session, announced before the break.
Which means that the case will be added to the docket when they return in October, which by necessity means a November or December hearing date. And with the standard SCOTUS deliberation protocol, that means an April, May, or June final decision. right at the height of the GOP primaries.
And if that happens, I honestly don’t know which decision is worse for the GOP. If they lose, then even though they didn’t directly have anything to do with this lawsuit, they’re going to take the hit with the remaining Evangelicals, as well as with their constituents in far red states, who want it all. And the pro-abortion forces will use it as incentive to run the table in 2024, both nationally as well as statewide. And if they win, then they will face a November backlash from 64% of the country that will make 2022 look like a bump in the road.
That’s how I see it. In fact, I was totally unaware that a competing lawsuit had even been filed in Washington state. But now that it has, and it’s been ruled on, it damn near ensures that the one campaign issue the GOP doesn’t want will be front and center in 2024.
Well well well. Not that things are going well in RW legal world… well in their delusional demented minds but not in other realms of thought or reality. Karma. Glad the SCOTUS is ready and primed… yikes
“Glad the SCOTUS is ready and primed… ”
NOT yikes, no worries, mate.
Alito and Beer Bong and Missy and Clarence the Mule have already written their opinions. It only remains for them to shove it down Robert’s throat.
GOP is stuck with their abortionless stance.
Biden has jumped on this very quick. USDOJ lawyers already assigned to weigh in on the appeal and assist with case law and arguments why this ruling is in error legally. Judges should never make themselves medical experts over the FDA who followed proper procedure in reviewing and approving the safety of this drug. The important thing is that this pill is medically necessary in many cases to safe the lives of women. Making this illegall throws the US into the dark ages.
As usual the gop has managed to make abortion a hotbed issue without even trying. A bunch of dirty old men and probably younger ones now are sitting around thinking they are the smartest sons of bitches on the planet and that only they can decide what goes on in a woman’s body. At some point you are going to see these ladies give these clowns a one finger salute. “🖕” When that happens you will find out that the garage between these fine ladies legs is closed till further notice. What these morons don’t get is all that hullabaloo they are stirring up over all this abortion crap affects “all” women including the nice lady that sleeps on the other side of her bed. And did you notice I said her bed.
“And the pro-abortion forces will use it as incentive…”
Excuse me, but no one is “pro-abortion.” Since words are your thing, I thought I’d point that out to you, Murfster. Call us pro-choice at all times, because that’s what the majority of us stand for. It’s not an easy decision, but it’s mine. I think you know that, but you also know that words matter.
Very well put Mary, I keep telling folks that I am pro-choice, which doesn’t mean I am pro-abortion. As you said it is a very hard choice and the GOVERNMENT needs to stay out of our uterus’. But as I say these days, Karma is a b**ch and she NEVER forgets an address!
I do know one thing. If I was still of child bearing age, I would choose contraception and no way would I get pregnant under any circumstances. I’d be scared to put my life into a maga’s hands. No wonder hospitals are closing their OB’s or whatever they call them. No Dr in their right mind would want to make the choices the magas are forcing them to. Why would anyone gt pregnant with politicians forcing themselves on women’s bodies!? Also, any meds that help men to have sex, should also be outlawed. And in the case of rape, some states have laws made to make the victim still have that child, should be ashamed. I’d leave that state in a heartbeat. What’s wrong with lawmakers trying to be God?! They aren’t even doctors, much less God.
If the zealots get their way you wouldn’t have the choice of using contraception. They’ve made no secret of the fact they’re coming for contraception next, especially stuff that requires a doctor because they work as what the zealots call abortifacients. Even condoms were outlawed at one point but there was a workaround because they were illegal as contraception. Hence those tall, skinny vending machines in the bathrooms (the men’s at least – can’t speak for the lady’s rooms) of gas stations, bars, movie theaters etc where the brand logo was tiny and big block letters that said “FOR THE PREVENTION OF DISEASE ONLY” (as in what was then called “VD” – sexually transmitted diseases) down the front! I have a feeling the new zealots would make sure their new laws fix that. Condoms aren’t as effective a form of birth control as prescription birth control but they still prevent a lot of pregnancies and these people want to FORCE women to have babies.