The Supreme Court's Conservatives Can't Stop Falling for Phony Plaintiffs
Source: Slate
The Supreme Court’s Conservatives Can’t Stop Falling for Phony Plaintiffs
Sarah Lipton-Lubet
Tue, October 3, 2023 at 9:00 AM EDT·6 min read
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A bedrock principle of our legal system is that the federal judiciary adjudicates and redresses actual harms to real people. The courts are limited to settling disputes in which the plaintiffs can show “concrete and particularized injury.” This principle restrains the courts from wielding unchecked, ideological veto power over laws enacted by the other two branches.
Yet the mifepristone case is the latest in a series of recent examples of conservative jurists playing fast and loose with the words concrete and particularized.
Nominally, the plaintiff here is the Alliance for Hippocratic Medicine. The organization, which claims to represent doctors, was almost certainly invented for the sole purpose of filing this lawsuit. Its website launched in July 2022, a month after the Supreme Court overturned Roe v. Wade and a month before the group legally incorporated in Amarillo, Texas, where every federal case is now heard by a single hard-line conservative judge.
So that’s a no on the “real people” test. What about actual harms? Among other poor reasoning in the 5th Circuit decision, one judge wrote in a separate opinion, “Unborn babies are a source of profound joy for those who view them. … Doctors delight in working with their unborn patients—and experience an aesthetic injury when they are aborted.” Thin stuff.
In reality, the driving force behind the mifepristone suit is not the AstroTurf Alliance for Hippocratic Medicine but the Alliance Defending Freedom, ...
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Read more: https://news.yahoo.com/supreme-court-conservatives-t-stop-130000070.html
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