Thanks, @hankgreely.bsky.social!! I posted it with trepidation. I’m sure this paper will get me in trouble haha. I’m going to do a thread on it next week hopefully.

My heart breaks for this family.

“The pressures on a doc to decide not to perform an…abortion are…enormous, & bc [the ban] authorizes--& requires--the doc to decide, at his peril, whether an abortion is necessary, a woman whose life is at stake may be as effectively condemned to death as if the law flatly prohibited all abortions.”

If you want to learn more about the mife REMS and why it should be removed entirely, read my article "Medication Abortion Exceptionalism" in Cornell Law Review. I actually discuss this case quite a bit, and it's awesome to finally see a summary judgment order! papers.ssrn.com/sol3/papers....

The FDA has said it is reviewing mifepristone's safety, which could be real or could be bluster. If any review is happening, this case places opposing pressure on the agency. It also potentially sets up another split if the MO and LA cases go as expected.

It is the complete opposite of the Alliance case, but with an oddly similar holding. Though unlawful, the 2023 REMS will remain in effect. The court remanded back to the FDA to reconsider the REMS modification in light of the statutory factors and evidence it didn't properly consider.

Indeed, the 4th Circuit will be deciding another preemption case (Bryant v. Stein) soon, which challenges North Carolina's medication abortion laws. We argue that the preemption arguments in this case are stronger & the case may come out differently. jamanetwork.com/journals/jam...

Finally, and not surprisingly, LA argues that removing the REMS is unlawful bc of Comstock. This is not new, but worth mentioning bc Comstock doesn't come up a lot these days. Here it the complaint. s3.documentcloud.org/documents/26...

Third, LA also argues it's injured b/c FDA law preempts their abortion laws. That would be great news! Unfortunately, the 4th Circuit just ruled that FDA regulation did not preempt West VA's abortion ban. More cases on that issues are coming & could turn out differently, but it's at best unsettled