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PaperclipPerfector  10mo ago (text post)   24128 thread views

Culture War Roundup for the week of June 10, 2024

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FDA vs Alliance for Hippocratic Medicine, the mifepristone case, was decided by SCOTUS. Full verdict here. The anti-abortion plaintiffs lose 9-0 on standing, with (quite properly for a case lost on standing) no discussion of the merits. Kav writes for the majority, with Thomas concurring on a technical point of standing law (on one of three theories of standing advanced by AHM the majority think they lose on the facts, but Thomas admits that this is correct under current precedent buy under a correct reading of the Constitution he thinks they lose on the law instead).

Quick thoughts:

  • The unanimous opinion treats this as an easy standing case. It is somewhat longer than an opinion needs to be in an easy standing case, which suggests that at least some of the justices wanted to benchslap Judge Kacsmaryk and the 5th Circuit panel.
  • Standing requirements make lawfare harder. If the right-wing Justices wanted to unleash a campaign of right-leaning lawfare then they could have decided this case differently, so it looks like the small-c conservative aversion to lawfare is holding up even with a right-wing Court.
  • Nevertheless, I suspect the pro-life movement can find a plaintiff with standing - perhaps a Catholic mail carrier who objects to delivering abortifacients could sue under the Comstock Act (which looks like the plaintiffs' best argument on the merits). But nothing is going to be decided before the election if a plaintiff wiht standing files a new suit.
  • The Project 2025 says that an incoming Republican administration should aggressively enforce the Comstock Act (which is prsumptively constitutional post-Dobbs) against pharmacies posting mifepristone to patients. This would render this litigation irrelevant.

The Project 2025 says that an incoming Republican administration should aggressively enforce the Comstock Act (which is prsumptively constitutional post-Dobbs) against pharmacies posting mifepristone to patients. This would render this litigation irrelevant.

Trump is at least aware enough to realize that hardcore prolife is very much a minority position in American politics. Some on the right seem to have run away with their own personal copium on this subject because polling shows most people don’t support unlimited abortion on demand until birth, but that doesn’t mean these pills used until the 10 week point are widely opposed at all.

The best thing the next GOP president can do on abortion is say it’s not federal business and let the states handle it. Getting trapped into promising federal / congressional restrictions would be a big mistake and highly unpopular.

I suspect Trump's personal opinion on abortion is very favorable; a guy who likes (or at least liked) to sleep around is going to want the backstop. Anyway, he's already said "it’s not federal business and let the states handle it".

Having all learned that Trump raw dogged a porn star and his joke about how his peronal Vietnam was dodging STDs, I'd be shocked if he wasn't responsible for at least one abortion.

Are you talking about McDougal?

I mean Stephanie A. Gregory Clifford known professionally as Stormy Daniels.

But if he no-condom fucks one woman he only met once before then I suspect did it with other women.

I don’t think it is clear he did that. Stormy Daniels radically changed her story. She isn’t trustworthy.

Point taken. But "my personal Vietnam was dodging STDs" Trump publicly presents himself as the sort of guy who does that. Which could also be a ruse.

We don't really know, but I rather suspect that Trump has made unwise sexual decisions. As plainly stated by himself and at least one sexual partner.

Oh agreed there. Just not convinced he had sex with stormy (whereas much clearer that he had sec with McDougal).

Clearly a jury who heard the facts more directly than you and I felt differently, and I'm inclined to trust them.

Woah buddy. Coming in shooting hot but not aware of the facts.

  1. The legal issue in the Trump trial did not turn on whether Trump did or didn’t have sex with Stormy. It was orthogonal.

  2. The jury made up of almost certainly Trump haters?

  3. Do you also believe OJ was innocent? Believe it or not sometimes Juries get things wrong. Here that was exacerbated by a very biased judge.

  4. Happy to elucidate the numerous legal problems with the conviction but seems like your mind is made up.

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A sentiment that never made sense to me. Aren't juries prevented from independent investigation, aren't allowed to directly interrogate anyone or anything, and commonly have arguments excluded from consideration, when a judge doesn't like them?

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