10 Major Issues That Justices Must Decide In Summer
America ı By Rochdi Rais
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The Alliance refutes those arguments, maintaining it has standing because the agency's actions would force its members to treat individuals experiencing complications related to mifepristone in spite of their anti-abortion beliefs. The group also contends the FDA's review process wasn't thorough enough because the agency ignored information about the purportedly harmful side effects of mifepristone.
A majority of the Supreme Court appeared skeptical of the Alliance's standing theory during oral arguments in March, and some individual justices expressed doubt about the group's critiques of the FDA's review process.
In the second case, Idaho and state House Majority Leader Mike Moyle contend the federal Emergency Medical Treatment & Labor Act, which requires federally funded emergency rooms to provide abortion care if it's necessary to stabilize a patient, cannot preempt the state's law prohibiting the procedures in all instances except when the pregnant person's life is in danger. The federal government argues the Constitution's supremacy clause dictates that the federal law must come out on top.
The justices seemed to split along gender lines during oral arguments in April, with the women dominating the questioning of Idaho over how the two laws interplay while the men waited to question the federal government about preemption.
The consolidated mifepristone cases are Food and Drug Administration et al. v. Alliance for Hippocratic Medicine et al., case number 23-235, and Danco Laboratories LLC v. Alliance for Hippocratic Medicine et al., case number 23-236. The consolidated emergency care cases are Moyle et al. v. United States, case number 23-716, and Idaho v. United States, case number 23-727.
Guns
Two Texans have urged the justices to invalidate separate federal gun regulations that prohibit persons subject to domestic violence restraining orders from owning guns and ban the possession of bump stocks generally.
Zackey Rahimi alleges the domestic abuse law, 18 U.S.C. Section 922(g)(8), violates the Second Amendment under a new test established by the court's 2022 ruling in New York State Rifle & Pistol Association Inc. v. Bruen, which instructs courts to look for historical analogues of the challenged modern statutes. Meanwhile, the federal government claims the court can uphold the prohibition even if it can't find a historical match because past federal firearm regulations have always been aimed at groups of people the government has deemed dangerous, like domestic abusers.
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