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The entire situation is top down nonsense, so hopefully the court sees it as such. Regulatory changes made in good faith is exactly what the FDA is empowered by Congress to do. It's up to Congress to decide if they're acting outside of their scope, not the courts.
Tripartite governance? Checks and balances? It's up to the Congress and the Courts. Congress can pass a new Statute, the Court can rule on the existing ones.
There's just no grounds here. If it was bad faith, outside the power delegated, against the Constitution, sure. If it's within their power and following their rules (good faith), the court has zero place.
The idea that they're acting in bad faith because the court interprets the evidence differently than the agency put together to interpret the evidence is a ridiculous argument.
That's the issue before SCOTUS! It's being claimed that the FDA didn't follow its own procedure when relaxing the prescription and dispensing rules for mifepristone.
Right, it's a bullshit, bad faith lawsuit, funded by far right extremists. Twenty years is too late. Statutes of limitations, statutes of repose, laches. Fifth Circuit is on crack.
Yes, which is why I think SCOTUS didn't grant a writ of Certiorari for it. The argument about mifepristone's FDA approval is dead.
They aren't interpreting the same evidence. The court isn't ruling on the science.
The issue is stated as:
Correct, they are ruling on the matter of whether or not the FDA followed its own processes as it relaxed restrictions around the prescribing, dispensing, and use of mifepristone.
FTFA:
"Though the justices on Wednesday agreed to consider an appeals court decision that restricted access to the drug, they declined a separate appeal by the abortion foes to consider if the FDA’s 2000 approval of the drug was unlawful."
The question of mifepristone's legality isn't before the court and it becoming illegal or banned isn't even a remotely possible outcome.
Edit: You can read it for yourself direct from SCOTUS here. The Alliance petition for a writ of certiorari on 23-395 was denied.
Not that I'm a fan of SCOTUS, but torches and pitchforks have always been such a reliable medium for civil political debate!