Melissa Murray

No one's paying attention in the way that they were between 2022 and 24.

And this could be the moment.

Look at you making constitutional claims, Jon Favreau.

It's almost like you read Brett Kavanaugh's concurrence, let the states decide what they want, federalism for everybody.

Yeah, I guess.

It's true that this question...

certainly could be decided on federalism grounds, like Louisiana has made a choice for itself.

And certainly they could address the question of the importation of Mifepristone into its borders for use by Louisianans.

But the broader question of a nationwide ban, like that seems to be a question that's asked and answered by the whole concept of federalism, whether this court will

will do that i mean it's basically the bottom line is will this court be principled about its prior stances on questions like federalism the sovereignty of individual states including blue states that may want to allow for access to abortion and just or whether they'll just do what they want to do because they can they have a super majority of six and when you have six they let you do what you want

What's going on here?

So any agency action, I'm sure, would be challenged by reproductive rights groups, reproductive justice groups.

So certainly the FDA could move ahead of this case and go forward.

And again, the whole question, the timeline of this case may be upended, like whether this is an emergency appeal that was made to Justice Alito in his capacity as circuit justice.

So that sort of

while the litigation is pending.

But the next step for this litigation anyway would have been the Supreme Court.

So this is an initial stay.

There's going to be a question about whether the court takes this up.

Something could obviously happen at the FDA that possibly could moot this case.