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Reason
Reason
Jonathan H. Adler

The Mifepristone Briefs Are In, But One Dog Did Not (Yet) Bark

Louisiana has filed its response to Danco Laboratories and GenBioPro's applications for a stay of the U.S. Court of Appeals for the Fifth Circuit order barring the prescription of mifepristone to terminate pregnancies via telemedicine. As one would expect, Louisiana defends its aggressive standing theory and the Fifth Circuit's order.

In case the justices did not have enough to consider before the administrative stay entered by Justice Alito expires on Monday, there are nearly three-dozen amicus briefs filed on behalf of various individuals and organizations who care about the outcome . Few of these briefs are likely to affect the outcome, however, and even fewer add anything of substance to the parties' briefs.

Activist groups, political figures, and an increasing number of academics want to fly the flag for their respective side, and amicus briefs let them do that. The various groups get to tell their members and donors that they took the fight to One First Street, and appellate attorneys get another line on their CVs, whether or not the briefs add anything of value.

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