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Is going back, even if the rule expeditiously over th next couple of months what is expeditiously i legal terms? they have an oral arguments scheduled for may 17th that is fast for a court but if they rule and 68 weeks, they still cannot get in front of the supreme court due to th supreme courts on schedule until probably fall of nex year with an oral argument you know as well as i do alicia, when the court i deciding abortion or anythin controversial, gun control affirmative action, they ten to wait until the end at the time to issue a decision that brings us squarely to jun of 2024, and then we could b facing something like a dobb backlash all over again. i was about to say, we need a graphic with the timeline an i looked up, there was som graphic with that timeline chris, one of the things tha struck me, you had justice alito and thomas voting agains the stay, saying they would le part of kacsmaryk s ruling tak effect what stood out for me from a leaders the scent here i t ....
Act, but here, congress alread has acted. the food drug and cosmetic act allows the fda to make decisions about food safety an efficacy, and we ve accepted the fact that states could override that, i think that is a question that we need to litigate and think through ove the next few years as well, an there are two cases pendin right now, one in west virginia, one in north carolina, tha raised the issue does the fda s regulation of mifepristone supersede o preempt contrary state law that restrict access t mifepristone chris, no one else is in th new york times reads, quote, i his concurrence in dobbs, chie justice john roberts said th majority had abandoned principles of judicial restraint at the cost of a serious jolt to the lega system friday s order avoided a secon shot how is his post-dobbs er testing the role, specifically of the chief justice i, mean the chief justice i in a very difficult position now that he said that they wer going to be facing in his dobb ....
Within 6 to 8 weeks, they stil can t get in front of th supreme court to the supreme court s own schedule, unti probably fall of next year wit the whole argument and you know, as well as i, do alicia, when the court i deciding abortion or anythin controversial, gun control affirmative action, they ten to wait to the end of its term to issue a decision. that brings us squarely to jun of 2024, and then we could b facing something like a dobb backlash, all over again i was about to say, we need a graphic with that timeline and then i looked up, an they re in fact, was a graphic with that timeline chris, what are the things tha struck me. you had justices alito and thomas voting against the state, saying they would have let par of kacsmaryk s ruling take effect, what stood out to yo from alito s dissent here? i think there are two things one, i think that we need to note the fact that justice thomas did not write, and think that there are multipl reasons why that might hav happened it ....
Ideal post roe america and it s forging ahead, compel high-water, or publi discussed. with me now to discuss, msnb chris gardner, an editor of la broquerie s, also with, us msnbc legal analyst, lis reuben my two law dorks, i love it so much i m a law dork to, chris. where do you see this going from here? i think, where we are heade is, truthfully, right into the middle of the 2024 presidentia election i agree it is going to be like dobb all over again, and here i why. because even as the stak continues up through and including any supreme cour decision, if you play out ho long that timetable will take, even if the fifth circuit, that s a court of appeals to which this decision is now going back, even if they rul expeditiously over the nex couple of months what is expeditiously i legal terms? they have an oral arguments scheduled for may 15th, that i fast for an appellate court, but if the rules let s say ....
Affirmative action, they ten to wait until the end at the time to issue a decision that brings us squarely to jun of 2024, and then we could b facing something like a dobb backlash all over again. i was about to say, we need a graphic with the timeline an i looked up, there was som factor graphic with that timeline chris, one of the things tha struck me, you had justice alito and thomas voting agains this they, saying they would have that part of kacsmaryk ruling take effect what stood out for me from a leaders the scent here i think there are two things one, is that we need to know the fact that justice thomas did not right. i think that there are multipl reasons why that might hav happened it might be that he just feels that he did not want to join alito s decision and was not i the mood to take a swing at th ultimate issue right now but also it is possible that h thinks he should step back a little, as he deals with his own controversies. ....