The First Of The Amici States' 5th Cir. Briefs -- Opposing Any Implementation of Kacsmaryk's Loony Texas Order... Is Docketed.

After Dobbs, the Supremes made plain that it is to be a state by state decision, within the first two trimesters, as to whether a given state chooses to continue to allow abortion, and on what parameters. Of course, Matthew Kacsmaryk's unhinged order of last Friday purports to take that right away from all states, nation wide -- for at least half of all such procedures, since about 52% overall are now by pill, not invasive scrape. [And that pill is by far the safer way to go, not incidentally. A safer side effect profile, overall, than over-the-counter Tylenol.]

So the states have today filed in the Fifth Circuit, to join HHS, and explain that Kacsmaryk's ruling ignores the plain commands of Dobbs, from the Supremes, last term.

You may read it all, here -- but there is essentially zero chance, once the dust settles, that this nutty opinion will stand. I wanted to get out some solid legal arguments, as to why that is so -- so that you all may repeat them to your friends who might claim the "right to life" is all that young Matthew Kacsmaryk sought to protect in Texas. That is simply. . . a lie. Here's a bit:

. . .Although the Supreme Court, reversing longstanding precedent, concluded that the U.S. Constitution does not protect the right to obtain an abortion [in Dobbs], the Court endorsed the States’ authority to safeguard access to abortion for their residents, explaining that it was “return[ing] the issue of abortion to the people’s elected representatives.” Id. at 2243. The district court’s order could eviscerate the sovereign decisions of many amici States by disrupting access to mifepristone across the country, including in States where abortion is lawful. . . .

Medication abortion promotes access to early abortion, when it is safest and least expensive, thereby reducing complication rates, decreasing costs, and easing burdens on the health care system overall. Medication abortion can also safely be provided in a variety of contexts and practice areas -- for example, in a private physician’s office, an ob-gyn or family practice setting, or even at home with appropriate medical supervision. The availability of medication abortion within mainstream medical settings not only lifts constraints on access but also offers added privacy and security for both patients and providers -- benefits that are particularly critical given persistent and escalating violence at abortion clinics. . . .

[B]ecause carrying a pregnancy to term is 14 times more risky than early abortion [See National Acads. of Scis., Eng’g & Med., The Safety and Quality of Abortion Care in the United States 10, 55 (2018)], curtailing access to medication abortion would likely lead to a steep rise in birth-related mortality rates, worsening a crisis already disproportionately faced by Black women. . . .

Let ALL our voices be clear as a ringing bell -- in this night of one-eyed ignorance, and myopia: this is an e pluribus unum nation (many voices, one FDA).

We are not a nation ruled by a single, backward state (Texas and one judge's supposed Roman Catholic religion. . . entering his chambers -- and appearing in his judicial opinions) to effectively rule us all (just as young USDC Judge Bruce Drew Tipton had to learn two years ago, out of Texas, on dead hand provisions, on immigration). Each of the states, independently, have an equal right to decide; and the FDA has nation-wide authority to allow doctors in every state to have access to abortion medications. Out.

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