Ofc SCOTUS preserved telehealth mife rules for now. It's an election year. DO NOT CLAP. PREPARE. The inevitable has been prolonged. But it's still coming.
Bonyen
@bonyenleegilmore.bsky.social
87 followers 83 following 95 posts
Opinions are my own, but also worried if it isn’t also that of any employer of mine.
![screenshot 2/2 with some words highlighted in yellow. they are offset by asterisks below:
**Second, the 2023 REMS is “otherwise not in accordance with law.” 5 U.S.C. § 706(2)(A). Under 18 U.S.C. § 1462** [NOTE: THIS IS THE COMSTOCK ACT. IT'S 18 U.S.C 1461-1462], Congress prohibits the use of “any express company or other common carrier or interactive computer service” for “any drug, medicine, article, or thing designed, adapted, or intended for producing abortion.” Because a federal agency cannot permit what federal law expressly prohibits, FDA lacked authority to permanently remove the in-person dispensing requirement.
For these reasons, and as set forth fully in Plaintiffs’ Complaint and supporting Memorandum of Law, interim relief is necessary and appropriate to mitigate irreparable injuries caused by the 2023 REMS. Interim relief will serve the public interest and will not harm Defendants.
This Motion is made on the grounds specified in this Motion, the accompanying Memorandum of Law, the exhibits attached to this Motion, the Complaint, and the Complaint’s accompanying exhibits, as well as on such other and further oral or documentary evidence as may be presented to the Court at or before a hearing on this Motion.1 An exhibit list and a proposed order are attached.
docket here: https://www.courtlistener.com/docket/71544002/louisiana-v-u-s-food-drug-administration/?order_by=desc](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:4fdfjfnhhyeo4hsmoxpeazsg/bafkreifj2cvzqbotkuyfhsv5afpnhcuxtrjy4fgad6otbbnex4dis76yhe)
