The SCOTUS Has A Problem With A Bad Abortion Pill Ruling. It’s Basically Unenforceable

This would be pathetic if it weren’t so damn funny. The Supreme Court, in all its pompous far right glory may be setting itself up for a pratfall of epic proportions. And the seditious six on the bench are just dumb enough to fall for it. And if they’re all bitching about the court looking like sh*t now, just wait until six months from now!

I just saw that the Supreme Court extended the stay on the abortion pill case. I don’t have details, but I’ll check it out when I finish. But for the purpose of this article, let’s just say that in the long run the court finally rules in favor of the lower court Texas decision. Man! If Roberts thinks his beloved court looks like sh*t now, just take another gander six months from the ruling.

OK. So what’s next? I’ll tell you what next, likely not much of anything. because the Supreme Court is a totally decision making body. There is nothing in the constitution, nor in their makeup that gives the Supreme Court enforcement authority. They are totally reliant on the parties abiding by their lofty rulings and utterances.

And in this case, there are highly likely to be enough parties required for compliance to flip the SCOTUS double barrel birds that their precious ruling is going to be two grades lower than Charmin. Because we already have multiple examples of what happens when lower level functionaries decide to blow their noses on a law or judicial ruling. They find a way to do it.

Here’s one. In the wake of the Democrats flipping some state legislatures over the last few years, and whether winning or retaining the governorships, blue states have begun passing new gun control reforms intended to stop the slaughter. These are wildly popular. But in mostly red cow counties and cities, sheriffs and police chiefs are proudly announcing that they’re going to use their office discretion and simply not enforce the law. Waddaya gonna do? They answer to the voters, not the legislatures.

And one from column B. Following the Dobbs decision, in states that had red legislatures, but blue Governors, those that had them tried reviving 100+ year old laws that were still on the books banning abortion, and activating them. And what happened? Democratic prosecutors and Attorneys General advised the cop to not even bother arresting anybody, because they wouldn’t be prosecuting under that legal dinosaur.

And the Stupid River just keeps getting deeper. One of the features in the Texas law is that it makes it illegal for a pharmacy in a state where the pill is legal to ship to a state where it’s illegal. And it makes it illegal for the USPS to transport and deliver the pills.

Again, who are these mental midgets going to prosecute? Let’s be crystal clear here. There is absolutely no law involved in this case! The only thing that the Texas case does is to order the FDA to overturn its authorization, and then they tried getting cute by throwing in a bunch of restrictions. But those restrictions aren’t actual law, so what are you going to prosecute under?

What are they going to do, file extradition orders with blue states for every pharmacist who ships out the prescription. Are they going to arrest and jail every mailman who drops off a package? And they don’t dare to open the package that package is protected under federal law. What, are they gonna bust every UPS or FedEx driver that comes to a door? Stupid, thy name is GOP.

But here’s the kicker, and the part I love the most. Even if the SCOTUS issues a ruling in favor of the plaintiffs, legally it pretty much worth the paper its printed on. because right now, there is already an outstanding judicial conflict out there, and probably not much even the SCOTUS can do about it.

They’ll be ruling on the Texas case. But as we speak, there is another ruling out there, from a federal court in Washington state, on behalf of 17 Democratic Attorneys General and Washington DC, prohibiting the FDA from overturning its ruling. And since there was no opponent with standing to argue against it, there isn’t going to be any appeal! Nothing to move on to the 9th Circuit for review. It’s freestanding.

So the Supreme Court lets the Texas judge tell the FDA to reverse its authorization. The FDA shrugs their shoulders and says Don’t look at me, I’ve got another federal judge telling me to leave it alone. That’s the kind of conflict that the SCOTUS lives for, but normally both cases would work their way through the appellate process with no agreement. But here there isn’t going to be an appeal, since nobody has standing to file it. Even if the SCOTUS took it up, only one side would be arguing, so how do you rule against them?

This whole thing was stupid from the start, but it was a slick as snot move by the Democratic Attorneys General to lay a trap with no resolution available. The anti abortion crybabies have no state or federal law states can prosecute under, only a judicial order. And on the other hand we have a conflicting order, one which the Supreme Court shouldn’t even touch, since it’s an uncontested ruling. This is why I just can’t see the SCOTUS getting involved in this case. And of they do, they’ll blow it up. Better that then blowing themselves up.