[Salon] Great ruling, 5th Circuit! I was feeling worryingly like a person.



Great ruling, 5th Circuit! I was feeling worryingly like a person.

“Similarly, FDA’s assertion that the district court’s injunction will harm pregnant women or other members of the public does not speak to the irreparable injury factor (although it may speak to other factors), because those persons are not stay applicants in this case.”

— from Wednesday’s ruling by a federal appeals court panel on whether to stay U.S. District Judge Matthew J. Kacsmaryk’s decision overturning FDA approval of a drug used in more than half of all abortions in the United States.

Oh, good. I was just thinking: I have too many rights. We’ve got to cull, cull, cull! Do I really need to be voting and controlling my own body? That feels like much too much. Also, it’s spring! What better time to go through all the rights and see which ones spark joy (access to assault weapons) and which ones don’t (uncensored proximity to books, bodily autonomy). Just like they’re doing in Florida! Constitution? Please! If we were all meant to be covered by it, we would have been explicitly included!

Isn’t all this rights nonsense getting in the way of more important things, like the ability of the U.S. Court of Appeals for the 5th Circuit to consider exciting hypotheticals not borne out by science: What if a drug that has been proven safe for decades … weren’t? Plus, millions of Americans have been given the gift of learning the name Matthew J. Kacsmaryk, most often used in the sentence, “Wait, Judge Kacsmaryk can undo the FDA approval of a drug used safely by millions for 20-plus years just … because?” It was good that the 5th Circuit did not need to think about the people most impacted by the decision to overturn Food and Drug Administration approval. After all, we’re not really people! If we were supposed to be people, we wouldn’t have uteruses.

Clearly, I have been addled by having too many rights, too much autonomy. All the voting had gone to my head. I see that now.

There are two decades of experience showing this drug is safe, attested to by scientists and medical professionals. And there, on the other hand, is the idea that a doctor might one day face “enormous stress and pressure.” A doctor! Imagine! I can’t. I’m glad these things are being considered properly.

“But wait,” you are saying. “What about the enormous stress and pressure that losing access to a safe medication abortion will place on people?” Easy! They are not people, for the purposes of this case. The math works if you remember that women are people only sometimes. All the math works if you remember that only certain folks get to be people all the time.



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