TL;DR

SCOTUS tossed it on standing…could still come back.

  • dhork@lemmy.world
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    5 months ago

    It’s a unanimous decision, but they didn’t really vote to protect access at all. They simply agreed that the doctors who filed the lawsuit has no standing to challenge it in the courts in the first place. So they basically said the lawsuit wasn’t valid, they didn’t rule on the merits at all.

    The only good thing out of this is that it indirectly reinforces the rulings of the FDA as legitimate. So the Dismantling of the Administrative State is put on hold temporarily. Although who knows what the next case may bring…

    • oxjox@lemmy.ml
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      5 months ago

      they didn’t really vote to protect access at all.

      It’s incredible how easily people assume something to be true and take the time to unintentionally spread misinformation in a public forum. Had they just taken two minutes to read the content which they’re commenting on, this could easily be avoided. I mean, “rejected” is right in the headline - really didn’t even need to read the article.

      And yet people are upvoting these inaccuracies because they emotionally agree with the comment even though it’s proven false in the headline.

      • dhork@lemmy.world
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        5 months ago

        Well, clicking the link and reading it is too much work, why not simply upvote, make a snarky comment, and move on?

    • FireTower@lemmy.world
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      5 months ago

      Moreover, the law has never permitted doctors to challenge the government’s loosening of general public safety requirements simply because more individuals might then show up at emergency rooms or in doctors’ offices with follow-on injuries. Citizens and doctors who object to what the law allows others to do may always take their concerns to the Executive and Legislative Branches and seek greater regulatory or legislative restrictions

      Pg 3 of the opinion is pretty clear that launching a case against the government for not banning something will just result in your case being DOA. Yes its technically a standing issue, but they’ve essentially ruled that you can’t have standing to sue under this situation. Effectively ruling on the merits.

      It didn’t protect access in the sense that it prevented legislation restricting it but it did prevent unmerited lawsuits seeking to prevent its national sale.