Critical about the Comstock Act: some interpret it as allowing the prosecution of women. A sign of this is the litigation in the Silva case, in which Jonathan Mitchell of SB8 and Comstock fame is suing 3 women for wrongful death for helping their friend end her pregnancy

Also, no major questions: 'The major questions doctrine does not apply here because . . . There is no ambiguous regulatory provision at issue, and neither the FDA nor Dr. Bryant offer any novel interpretation of the FDCA or its 2007 amendments to broaden the agency’s authority.'

So fun to see Patti Zettler's paper quoted a bunch in the opinion! '...the mere fact that a state law regulates the practice of medicine as to that drug does not give the law an automatic free pass to avoid a preemption challenge. See Patricia J. Zettler, Pharmaceutical Federalism...

The 'lung float' test is being used to charge women with murder. Many experts say it's unreliable.

“There’s no way you can determine live birth versus stillbirth with this test,' said one doctor, who called the test “an outrageous breach of science.” propublica.org/article/is-lun…

Well, here we go. Full steam ahead for fetal personhood.

Not surprising, but a bunch of states just challenged the EEOC's rule interpreting the Pregnant Workers Fairness Act to prohibit discrimination for 'miscarriage, stillbirth, or . . . abortion,' citing the major questions doctrine arkansasag.gov/wp-content/upl…

More of us have walked such paths than many Justices on the Supreme Court would like to believe. So much admiration for Greer's work on these issues 💕

Justice Kagan just noted a fact we reported in Slate: In the short time that Idaho has been allowed to enforce its abortion ban against women who need emergency termination, SIX women have been airlifted to another state for care that's illegal in Idaho. slate.com/news-and-polit…

Breaking: The Arizona House votes to repeal the 1864 abortion ban, despite fierce challenges from Republicans who fought to stop the body from taking this vote. The measure now heads to the state senate.

I don't know how to raise my daughter in a country where the Supreme Court is debating how many organs are ok for women to lose before providing healthcare

If you haven’t been paying attention to the EMTALA case, the whipsmart Greer Donley can give you a good feel for what’s at stake.

Iconic

Prelogar pushing back on the idea that Alito's reading of 'unborn child' by suggesting that it would allow states to treat pregnant patients as non-persons.

To be clear: when a pregnant patient's health or life is threatened after fetal viability (roughly 24 weeks), the standard of care is to deliver the baby & try to save its life. Later abortions do occur for a variety of sympathetic reasons, but they have nothing to do w EMTALA.