In Shadow Docket Decision, Supreme Court Refuses to Rule on Mifepristone Ban

I suspect they want to approve the mifepristone ban, partial or in full, and are just dodging the issue while they get their legalistic rational together for such an edict, locking in at least 5 votes, perhaps by declaring the ruling is for abortion only, so as not to set a wider precedent (as they did with Bush v Gore). Allowing any judge to overrule the FDA on anything they want would plunge the current medical, and food, system into chaos.

The court clearly wants to bring US law back to the 19th century, pre-suffrage and pre-civil rights movement, so why not run with this attempt by an Amarillo judge to breathe new life into the Comstock laws? The trick would be to pull it off despite having just ruled last year that abortion is a states' rights issue and without completely ignoring the concerns of pharmaceutical companies. They can even do it without the vote of conservative squish John Roberts, who probably wants the ban himself but is invested in cloaking court actions in a veneer of lawfulness.

The anti-reproductive choice justices may be hoping for a cooling down period, let the idea of a nationwide mifepristone ban soak into the public consciousness a bit longer and become more normalized, hope protests fizzle, as they tried to do with the "leaked" Dobbs ruling, which many believe was done by one of the six regressive justices, or a spouse (hello, Ginni Thomas).

Maybe the supermajority on the court won't be able to reach consensus on how to pull it off and we'll luck out, this isn't the case the Supreme Court will use to issue its first nationwide abortion ban post-Roe.