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Diane's Less Hostile Username's avatar

Well, this is just a reminder that all who can be on birth control should do so both for the safety of your future and your body.

I am due for a new IUD in April and that will NOT be fun, but since I am 46, hopefully this will be the last one. These fucking doctors are always like, LOOK HOW WONDERFUL WE ARE NOW THAT WOMEN CAN HAVE BABIES EVEN AFTER THEY RETIRE, to which I say PLEASE STOP trying to make me a vessel for a child to begin with.

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2Cats2Furious's avatar

I agree this is a shitty case, but I’m not going to say that even this terrible SCOTUS is going to ban mifepristone. It takes 5 votes to implement a stay of a lower court ruling, which SCOTUS did in this case. As such, the craptastic 5th Circuit opinion (which didn’t ban mifepristone, but rolled back its usage from up to 10 weeks to only 7 weeks, because of the statute of limitations), as well as the even crappier MattyK opinion which did ban the drug entirely, is not currently in force. Which MAY mean that there are 5 votes on SCOTUS to overturn the 5th Circuit.

In contrast, when TX SB8 (which banned abortions after 6 weeks and set up the abortion “bounty hunters” scheme) was correctly enjoined by the district court under existing precedent, and the bonkers 5th Circuit said, “nah, it’s fine” and let the law take effect, SCOTUS did NOT have the 5 votes to grant the stay (telegraphing their decision 9 months later in Dobbs)

What is truly bizarre to me is that this case is being heard at the stage of a preliminary injunction, with almost no contested factual record. That’s not always necessary for a PI. For example, if Congress passed a law that made saying “Fuck Ted Cruz” a crime punishable by up to a year in prison and a $10,000 fine, then a group of Wonkers could file a lawsuit seeking an injunction because it clearly violates our 1A rights. We could probably just submit some pages of comments into the record and call it a day. Because Fuck Ted Cruz.

But, this is a case with SIGNIFICANT legal and factual disputes, and MattyK basically just took the Plaintiffs at their word. That is not how PIs are supposed to work. I’ve both sought and defended against applications for Preliminary Injunctions in both federal and state courts, and I’ve never had a proceeding that didn’t involve written discovery and depositions of fact and expert witnesses (usually on an expedited timeline) prior to the hearing, as well as actual testimony and other evidence presented to the court. It’s basically a mini-trial. MattyK, to my knowledge, didn’t allow that. He had a hearing based solely on arguments of counsel - no expert testimony was allowed. So the whole case was rigged from the beginning.

Personally, I’d LOVE to depose the Plaintiffs in this case. I have a whole lotta questions I want to ask.

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