Got some breaking news and it comes out of the United States Supreme Court an...
Alito's pen of all things as he issues and administrative stay for a week to block the fifth
βcircuit court of appeals and its decision in the last 48 hours to stop the use of Miffapristoneβ
for medication abortions, not only in Louisiana, but a nationwide block of the use of medication abortion pills that are provided to women in the safety of their own home through telehealth and telemedicine and male order and male order pharmacies. That was the order that I reported
on on the first of May in a three judge panel led by a Trump appointee judge Duncan three
white men blocking nationally the use of medication abortion pills that led to laboratories that make the pills, dango laboratories and gen biopro to rush in the last 36 hours to the United States Supreme Court seeking a stay because this of course up ends immediately the right of a woman
βto choose and make these very intimate decisions about her reproductive health, the whether she'sβ
going to carry a child or carry a pregnancy or not and so now you've got Alito and why Alito, one of the most rightest of right wing maga right wings of the Supreme Court, why is he involved because he sits over the fifth circuit court of appeals which is in New Orleans and he's the
first stop of the train as to whether in a administrative stay is going to be granted while the
court has full briefing. That's our reporting now that there has been an administrative stay issued by Judge Alito, not by the entirety of the panel, not of the rest of the eight members of the United States Supreme Court. I'll tell you what happens next, stay tuned right here. I might as
βtouch and legal AF. Now, I reported on the first of May that the three judge panel in Louisiana,β
in a case brought by Louisiana against the food and drug administration, now into the control of RFK Jr. There they were arguing that more women die because they're getting the pills by mail and because they're getting their health counseling through telemedicine. Since COVID, the FDA has allowed these pills to be given through a remote consultation with a doctor and mail delivery through remote pharmacies into states. Problem is that runs up against Louisiana's near total
ban on abortion because three years ago, this same United States Supreme Court ruled in a six to three decision that the woman no longer had, even though she had it for 50 years, no longer had a constitutional right to privacy or right to choose. And once they threw out Rovers' way to the dog's decision, all hell broke loose. We've now got to split half the states in America are banning or near total ban of abortion and the other half allow it under many circumstances.
So women in red states are second class citizens because they have less rights, less rights, then my mother did in the 1950s and 1960s or at least in the 1970s. So the way the three judge panel in the Louisiana set it up is that simply said that since the dog's decision, since Louisiana has a near total ban, the use of these drugs, Nefa Preston, is leading to what they refer to as illegal abortions. They say that in fact, in the Louisiana alone, there have been
approximately 1,000 what they refer to as illegal abortions on page 10 of the order in Louisiana
per month. That says to me, there are 1,000 women making a critical choice about their own
bodily autonomy, but you see how it's being characterized here. They think they have declared without any medical evidence that the FDA's approval of Mefa Preston to be dispensed through telehealth and through remote pharmacies, mail-in pharmacies, mail-in pharmacies, is somehow creating more deaths. There seems to be no statistics that support that. Mefa Preston has been found to be as safe as aspirin, not Tylenol, aspirin
In most of the studies.
judge who ruled against the woman's right to choose is making a decision on the administrative
βstay. Here's what he's done. He is a given Louisiana until 5 pm on May 11th to brief the issue forβ
for the court, the full court. So we'll have a short circunit on one of the most major and critical
issues related to a woman's autonomy over her own body. We're going to have this on a short track, short circuit with a very minimal record below on just two briefs, not three with a scramble for other organizations to file friends of the court brief with no argument, likely. And with Alito holding the pin on and blocking for now for now, the fifth circuit court of appeals ruling, that means as of right now, women can still obtain medication, abortion,
pills, mythopristone, in Louisiana, through mail, through mail order, through telehealth,
βas of this moment. What's going to happen after May 11th and the final brief comes in,β
it's up for grabs. Now in the past, the United States Supreme Court did rule against a similar
Texas band that was brought in front of a single judge and ended up at the Fifth Circuit Court of Appeals as well. It was brought before Judge Casmaric by an astro-terf group that was literally artificially created just to file a case in Abelene, Texas and get Judge Casmaric who had worked for anti-abortion organizations, pro-life movements before he became a federal judge. So he was handpicked by this phony organization. Supreme Court got wind of it and after much debate decided
that that organization of doctors who had been formed really for the purpose of bringing the case did not have standing to argue against those regulations and throughout the case. So it wasn't on the merits of whether the FDA can allow medication abortions to happen in states that are not allowing abortion. We're going to get to that issue. I'm sure now with this new briefing, with an interesting array of parties. You've got the labs who are making the drug on one side
and a state on the other. I'd like to see some other entities enter the fray with abacus friends of the court brief to support a woman's reproductive rights. There are reproductive rights organizations that should be busy working on briefs to submit. And as they do, I think they will. We'll support them. We'll report on them here on Midastarch. Feeling sluggish, bloated, not like yourself, life bombards us with silent threats, process foods, artificial light and modern stressors
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30% off your first subscription order. That's ARMRA.com/legalaff. Headlight is as of right now, the fifth circuit court of appeals ruling. That was rendered by Judge Leslie Southwick, Judge Duncan and Judge Engelhardt. Three men in the fifth circuit to stop the use of Mifra Pristo by Telehealth and Pharmacy's mail order pharmacies has been blocked by Judge Elito at least through May 11. After full briefing, we're going to see what the Supreme Court does next.
The Supreme Court is basically on their summer vacation, even though we're waiting for major rulings. And look at this clip of a smiling, glad-handing Neil Gorsuch, all bright-eyed and bushy-tailed on Fox News. Why does it come on legal AF? Well, here's my offer. Any of the
Any Supreme Court justice, but certainly the ones on the right.
that wants to hear from you. You want to reach millions and hundreds of millions of people
come on legal AF be interviewed by me and be platformed by me. That would be a good counterbalance to your dining and champagne soaked state dinners with the King of England a couple of days ago or showing up only on Fox News. You can't hide in the Supreme Court. You're supposed to be the Supreme Court for all people. Come talk to our liberals and moderates and progressives and socialists and Democrats on legal AF and on the slightest touch network. How about that? Here's Neil Gorsuch,
βyou know what I'm talking about. Your book is fantastic. I think it's great for adults too.β
And I look forward to reading it with my daughter. What was the motivation behind this? Well, I guess two things. One, it's our 250th anniversary and there are, we're going to have fireworks, we're going to have celebrations and we should, but I hope two, we might find a little time to reflect on the men and women whose courage and sacrifice gave us the declaration of independence. And I've been complaining a lot about the lack of civic education and history, education in our
country and my co-authored Janey Nitssey said, you know, old man, it's time for you to do something about it. She has three young children founded a preschool and this was a journey and a wonderful journey. I just love how it turned out. Well, let me read an excerpt that I was one of our favorites.
It's, you write first, all men are created equal, the rich and the poor, the popular and the unpopular,
all are equal in God's eyes and should be equal under law. Second, each person enjoys rights among them, life, liberty and the pursuit of happiness that are God given, those rights are unalienable beyond the reach of government. Third, to preserve those rights, the people have another right, the right to rule themselves, the government exists to serve the people, not the other way around. I love that you highlight that our rights are actually from God and our founders knew that.
βWhat do you think that our children need to learn about the Constitution and our founders?β
Well, those three great ideas in the declaration are perfect. And it's a journey to realize them and it has been throughout our history. But each generation has to recommit themselves to those ideas. You know, we're not a nation founded on a common religion or heritage. We're founded around ideas. And so the torch passes to each new generation to carry on those ideas. And the sacrifice that that the men and women during the Revolution, we forget it was eight long, bloody years.
And ordinary people, not just Ben Franklin and Thomas Jefferson, but people like Mary Catherine Gottter and Emily Geiger, whose stories we tell in the book, help make those ideals possible for us. Yes, our as an originalist, how do you balance the literal text of the Constitution with more modern issues that maybe the framers couldn't have anticipated like AI or internet issues? Well, you know, one of the things that the framers, the declaration really wanted,
was independent judges to interpret and apply the law. We're not bound down by politics. They fought a revolution against a king who had taken control of the judiciary himself. Mm-hmm. And so an originalist tries to be faithful to the original written word of the Constitution and apply it. Yes, it has to, it has to be applied to new facts and circumstances. But the terms of that document cannot be changed by nine old people in Washington. That's not our job.
So follow, I'm following this story closely. Next development is going to be in about seven days when I get the brief from Louisiana. And we see what happens next. I don't think they're going to
βdo oral argument. I think their advocates briefs or a meet-cheap briefs are really, really important,β
especially for reproductive rights groups that get on the ball. I know they're working on it right now. Get those on file and accept it. And let's see what happens. And hope it's not a six to three debacle. You know, I don't love the makeup of the Supreme Court on these issues. Just as I didn't during the job decision. You got Amy Cody Barrett, who was a Catholic law school law professor, member of ultra-right wing conservative,
religious legal entities who has like seven adopted children who thinks it's okay. You know, she says, oh, since there's statutes on the books that allows women to drop off their babies at firehouses with no repercussion, that's the solution. You know, we don't need abortion any longer. I mean, it's got some crazy thought processes that are up there on that
and a bunch of old white guys and old black guys who have never had a child and they're making
the decisions about the most intimate and personal bodily decision that a that a human being can
Make and look how it's being made.
Popok until my next report. Can't get your fill of legal AF, maybe either. That's why we formed
βthe legal AF substact. Every time we mention something in a hot take, whether it's a court filingβ
or a oral argument, come over to the substact. You'll find the court filing in the oral argument
there, including a daily roundup that I do call wait for it morning AF. What else? All the other
βcontributors from legal AF are there as well. We got some new reporting. We got interviews. We gotβ
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