169 Comments

Gee, Maybe that cursed Covid vaccine will finally be illegal. Also, too, I'm kinda freaked out about all those antibiotics. And MMR. It's time to put RFK Jr. as head of the FDA.

Expand full comment

When the law is wrong, when it violates people's basic human rights, then it becomes necessary to break it — regardless of the consequences.

What a very thoreau analysis, Robyn.

Expand full comment

More or less.

There was an injunction put in place by the trial court saying that until there's a chance to hold a full trial, consider all the motions, arguments, and evidence, that we're just going to assume that the FDA was wrong and prevent the pill from being sold.

Then the appeals court of the 5th Circuit stepped in and said that until there's a trial we're just going to assume the FDA was wrong, but that some FDA actions are too far in the past to challenge, thus the pill remains available, but only until the 7th week of pregnancy, not the 10th, and the court is requiring a higher dosage be used, since when it was initially approved it was thought that dosage was needed. And of course that dose wasn't needed, but since some FDA actions are too far in the past to challenge, the approval of mifepristone stands, but the later reduction in dosing (like all other changes in the last 6-7 years) is rejected.

Then SCOTUS came along and said ... I'm not sure. They're letting the 5th Circuit review their own work, BUT they're saying that the 5th Circuit's rejection of FDA changes (like dosing) cannot be imposed until the 5th Circuit does complete it's work in full.

The decision is very brief. For now, the effect is that everything continues as it was before the lawsuit against mifepristone was filed. But the 5th Circuit will be able to continue to hear appeals and reinstate its order overturning the FDA changes of the last 7 years (basically they say 6 years, but it's 6 years from the date of the plaintiff's filing of the lawsuit which is nearly 7 years ago now). Observers will expect them to have better reasons and better evidence if they want to impose the ban again (since it was nixed by SCOTUS this time), but how much pressure will they feel to do that? Who knows.

Things are very, very up in the air. While the status quo as of February will now hold, there is no reason to think that it will hold for very long.

Expand full comment

Milk expiration dates speak for themselves.

Expand full comment

I have long thought it ridiculous to pass laws--usually on "moral" issues--that cannot possibly be enforced. It may give the WingNuts an entitlement feel-good, but it lessens respect for the law. And when laws like this are occasionally enforced (against marijuana, for example), it can ruin people's lives without having any effect whatsoever on the wide availability of marijuana.

Expand full comment

They're going to have to kick it a long way to avoid adverse effects against the Repubs in the next elections. In fact, by kicking it down the road, it may result in the ruling coming soon before the elections.

Expand full comment

I always enjoyed Alice in Wonderland, especially the Tea Party.

This new Tea Party is just as crazy, but not nearly as much fun.

Expand full comment

Not testosterone (or Viagra). Those won't be outlawed since they are for manly men, not feeble women who are unable to make health care decisions for themselves and must be told what to do.

Expand full comment

The West Coast would make a pretty nice country. Of course, we'd have to build a wall. But it would be a fun wall, with games and parkour.

Expand full comment

I don't think that works for COVID even if it's the horse that's got it.

Expand full comment

Drones.

Expand full comment

They don't mind the rule of law as long as they get to make and enforce the laws, while making themselves immune to them.

Expand full comment

Women's naughty bits frighten the gunutters even more than their having guns frightens the sane among us.

Expand full comment

So, just like weed.

Expand full comment

There you go. Divine Right.

Expand full comment

If they attempt to supplant FDA and allow any swinging dick to challenge their protocols, we will fall through the rabbit hole

Expand full comment