[U] Danco Labs / Mifepristone Case Will Be Decided Next Summer -- In The Thick Of The 2024 Election Cycle... But The Odds Are Good That Matthew Kacsmaryk's Loony Opinion Gets Dumped.

Amy Howe -- at the SCOTUS Blog has an excellent rundown up, overnight. [My earlier backgrounder, here.]

And she is right -- there is some clear tea reading available in the Supremes' twin grants. The Supremes feel the trial court and the Fifth Circuit both needed a clear statement that the FDA approval, from the year 2000 -- cannot be at this point a basis for challenge in 2023. And, I think it clear that the Court is in favor of wide availability for drugs that show smaller side effect profiles that Tylenol, and offer women choices -- over their own bodies and lives -- along with the close (and intensely private) consultations. . . of their doctors. In sum, I think the trial court will be completely. . . overturned. Here's the SCOTUS Blog on it all:

. . .The Biden administration and the drug manufacturer Danco came to the Supreme Court this spring, asking the justices to intervene to maintain the status quo until the dispute is resolved. The justices granted that request, allowing the drug to remain widely available for now.

The Biden administration and Danco came to the Supreme Court in September, asking the justices to weigh in on the propriety of the FDA’s decisions in 2016 and 2021 to make mifepristone more widely available, as well as whether the challengers have a legal right to bring their case at all. The doctors and medical groups asked the justices to take up their challenge to the FDA’s initial approval of mifepristone in 2000 – both its timeliness and the propriety of the decision itself.

In a brief order, the justices granted review of both the Biden administration’s and Danco’s appeals and indicated that they would be argued together, presumably sometime early next year.

The justices’ decision not to take up the challengers’ petition for review was the only denial of review noted on the one-page list of orders, suggesting that the justices wanted to make clear now that they would not weigh in on the FDA’s initial approval of the drug in 2000. . . .

This set of issues -- GOP states trying vainly to prevent women from making decisions about their own uterine functions, and overall health -- Condor predicts, will be potent motivation -- for many college educated, largely suburban women who previously would have identified as GOP. . . to step behind the curtain and in private. . . vote for choice candidates. Candidates who recognize a woman's right to decision-making, about her own body -- with her doctor. Onward.

And through pure luck, in unrelated fashion, I've scored a last-minute ticket tonight to "Boop!" at the CIBC Theatre. Should be. . . hilarious.

नमस्ते