merrick they have the option to essentially say a number of things and they were a little bit cautious. they were not eager to lean in one way or the other and are allowing it to go back to the pre texas courts decision. you know, i think that bodes for perhaps how the fifth circuit might ultimately read the tea leaves circuit court of appeals is not necessarily bound to always end. this ip eight and try to figure out how the supreme court justices will rule because they will take into consideration the potential to be overruled or whether to be, you know, essentially validated from the supreme court or to be, you know, not have their cases even heard, so i think it does, in a sense, give them a bit of a understanding what the supreme court may do. but again, this is still needing to go through the full course of things, and normally we don t have this sort of friday night by midnight, self imposed deadlines by the supreme in court on a decision of such consequence, but an issue like t
, or you know these lower court decisions, putting them on hold. so he s asking in his four page dissent why his fellow justices are willing to grant this stay now in the circumstances because he s arguing that there would not be any harm if they let these restrictions go into effect, especially because, as he says the appeals court below his acting so quickly to hear arguments was interesting is, he said there d be no harm. but the fda said exactly the opposite. they said there would be major harm chaos, confusion. if these restrictions went into effect, women wouldn t be able to fully access the drug. sting that justice alito, saying in his dissent there really wouldn t be harmed here. so is it clear when the fifth circuit court of appeals will hear the case on its merits their fast tracking this so the first briefs are due actually next week, then briefs will roll in over the next few weeks, and in less than a month from now on may 17th the fifth circuit will be hearing arguments on
across the board, they were saying, we re going to have to follow what they do. they wanted to wait and see what the litigation did. you know, i think justice alito is clearly angry that he lost this one. and he lost it big and you might feel that the court is going in another direction. and abortion, and i do think the court is really signaling here that as much as they were ready to roll back roe v. wade they want to step back from the abortion issue for now and truly leave it to the states. we re going to talk a little bit later about how this ruling may give moderate republicans kind of a sigh of relief in the short term, but part and parcel of that is the reality that this could very well wind up back in the supreme court. squeezed in at the end. i mean, i don t think at the end of this current term, but during the next term in the heat of the presidential campaign, that s absolutely right. we don t know yet what the fifth circuit is going to do and remember, the fifth circuit is
women wouldn t be able to fully access the drug. sting that justice alito, saying in his dissent there really wouldn t be harmed here. so is it clear when the fifth circuit court of appeals will hear the case on its merits? fast tracking this, so the first briefs are due? actually next week, then briefs will roll in over the next few weeks, and in less than a month from now on may 17th the fifth circuit will be hearing arguments on this and then presumably in the weeks or maybe even months after that. the fifth circuit will come up with decision. but this supreme court order makes clear that it will remain status quo from kristen beyond the fifth circuit s ruling until maybe this works its way back up to the supreme court and whether they can decide whether or not to take the case as well. anderson all right, jessica schneider, thanks for joining by cnn senior supreme court analyst joan biskupic, author of the new book, nine black robes. inside the supreme court s drive to the right an
two questions that remain is one. why didn t they do this sooner? people were calling for this to be done. nine years ago. and to what will the cost be if the cost is high? even though it s over the counter, many people won t be able to buy it. wolf elizabeth cohen. thank you very much for that report. meanwhile a new and very important book provides an eye opening. look at how the trump years drastically have reshaped the u. s. supreme court and why this change will have consequences for generations to come here in the united states, cnn s senior supreme court analyst, john biskupic is joining us right now she is the author of this really excellent new book, nine black robes. here it is. inside the supreme court to drive to the right and its historic consequences. joan thank you very much for joining us. thanks for writing this really important book. and one thing i know in going through the book, you have some real news and the impact that former president trump had on the u. s supre