Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,' a book about the secret war on synthetic drugs. Before he joined MSNBC, he was a legal reporter for Bloomberg Law.
The Supreme Court that overturned Roe v. Wade will hold a crucial hearing Tuesday on the fate of mifepristone abortion pill access. But the case didn’t need to come this far — and it doesn’t need to go any further. That’s because the anti-abortion plaintiffs who brought this contrived case don’t have legal standing.
As the Biden administration pointed out in a brief ahead of the hearing, the anti-abortion doctors and groups who brought the suit “do not prescribe mifepristone, and FDA’s actions allowing other providers to prescribe the drug do not require them to do or refrain from doing anything.” Nonetheless, the lower courts found standing.
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