even when he’s winning — which is often these days, given the court’s conservative supermajority. So, it was no surprise that Alito, clearly on the losing side in
Alito’s blood has been boiling over the abortion drug mifepristone for almost a year. He issued an angry dissent last spring when the court allowed the current Food and Drug Administration rules easing access to theAnd Alito was in peak form at Tuesday’s oral arguments on the regulations. There was no argument against mifepristone that he wasn’t willing to deploy. Why, Alito demanded of Solicitor General Elizabeth B.
Citing the constitutional’s original meaning, like Justice Antonin Scalia before him, Thomas sometimes rules in favor of criminal defendants. He has been a sharp critic of giving “qualified immunity” to police officers and other officials who violate individuals’ civil rights. So, there was Alito during the oral arguments, grilling Prelogar over who, if anyone, could challenge the FDA’s mifepristone regulations and lamenting her answer — seemingly accepted by most if not all of the other justices — that the Supreme Court’s precedents on standing would make that difficult. The court, she noted, “has said time and again that the fact that no one would have standing doesn’t provide a basis to depart from Article III principles.
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