In our time, there’s no such thing as an unequivocally good day at the Supreme Court. Even today, when the Supremes ruled unanimously that the law of the land still upheld the right to end an early unsought pregnancy through medication-induced abortion, the Court only tossed the challenge to the FDA’s pro-mifepristone rulings because the plaintiffs—a group of disgruntled Texas doctors—lacked standing to bring the case. But many of the states that have outlawed abortion since the Court struck down Roe have made clear they’ll file their own cases, and they probably do have standing. Moreover, a future FDA dominated by Republican appointees could reverse the agency’s
ruling on abortion-inducing pills, as could a Republican Congress in concert with a Republican president. For now, though, today’s ruling is good news for women in Texas and most other Republican trifecta states where medical-procedure abortions have been banned. It’s also a good day for Republicans’ electoral prospects, since Donald Trump and Republican candidates in swing states and districts can now argue that their judicial appointees (in Trump’s case) or champions (for those other embattled GOPniks) have left an avenue open for ending unwanted pregnancies—though, as noted above,
those avenues still can be blocked by Republican lawmakers and judges. I suspect such Republican electoral calculations figured into the decision of Messrs. Thomas, Alito et al. to rule this way now, in full knowledge that other plaintiffs who do have standing could enable them to strike down the medication option once this year’s elections had safely come and gone. Just to make sure that today’s Court decisions were as much downers as uppers, the Court also ruled, kind of unanimously, that federal courts needed a stricter standard in granting injunctions requiring employers to rehire
workers they’d illegally fired in order to deter those workers’ campaign to unionize. At issue was whether a court considering a suit filed on behalf of fired workers by the National Labor Relations Board could issue an injunction if there was "reasonable cause" that courts would later find the firings illegal, or whether there had to be a higher standard for such an injunction, specifically, that "irreparable harm" would be done if the workers were not reinstated forthwith. The Court’s decision today said that lower courts had to follow the "irreparable harm" standard, chiefly because that was the threshold that other federal agencies had to meet in order to win injunctions. With the partial exception of Justice Ketanji Brown Jackson, it was all the justices who ruled that the higher standard had to be met. Jackson’s concurring decision noted that showing irreparable harm shouldn’t be that hard to do.
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