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Got some breaking news and it comes out of the United States Supreme Court and Justice Alito's pen of all things as he issues an administrative stay for a week to block the Fifth Circuit Court of Appeals and its decision in the last 48 hours to stop the use of mifepristone for medication abortions not only in Louisiana, but a nationwide block of the use of medication abortion pills that are provided to women in the safety of their own home through telehealth and telemedicine and mail, mail order and mail order pharmacies. That was the order that I reported on on the 1st of May in a three judge panel led by a Trump appointee, Judge Duncan, three white men blocking nationally the use of medication abortion pills that led two laboratories that make the pills, Danko Laboratories and Gen Bio Pro, to rush in the last 36 hours to the United States Supreme Court seeking a stay. Because this of course upends immediately the right of a woman to choose and make these very intimate decisions about her reproductive health and whether she's going to carry a child or carry a pregnancy or not. And so now you've got Alito and why Alito, one of the most rightest of right wing maga right wings of the Supreme Court. Well, why is he involved? Because he sits over the fifth Circuit Court of Appeals which is in New Orleans and he's the first stop on the train as to whether an administrative stay is going to be granted while the court has full briefing. That's our reporting now that there has been an administrative stay issued by Judge Alito, not by the entirety of the panel, not of, not of the rest of the eight members of the United States Supreme Court. I'll tell you what happens next. Stay tuned right here. I might as touch and legal AF now I reported on the 1st of May that the three judge panel in Louisiana in a case brought by Louisiana against the Food and Drug Administration now under the control of RFK Jr. There they were arguing that more women die because they're getting the pills by mail and because they're getting their health counseling through telemedicine. Since COVID the FDA has allowed these pills to be given through a remote consultation with a doctor and mail delivery through remote pharmacies into states. Problem is that runs up against Louisiana's near total band on abortion because three years ago this same United States Supreme Court ruled in a 6 to 3 decision that a woman no longer had, even though she had it for 50 years, no longer had a constitutional right to privacy or right to choose. And once they threw out Roe vs. Wade in the Dobbs decision, all hell broke loose. We've now got a split Half the states in America are are banning or near total ban of abortion and the other half allow it under many circumstances. So women in red states are second class citizens because they have less rights, less rights than my mother did in the 1950s and 1960s or at least in the 1970s. So the way the three judge panel in the Louisiana set it up is that basically said that since the Dobbs decision, since Louisiana has a near total ban the use of these drugs methopress tone is is leading to what they refer to as illegal abortions. They say that in fact in the in Louisiana alone there have been approximately 1000 what they refer to as illegal abortions. On page 10 of the order in Louisiana per month that says to me there are a thousand women making a critical choice about their own bodily autonomy. But you see how it's being characterized here. They think they have declared without any medical evidence that the FDA's approval of mifepristone to be dispensed through telehealth and through remote pharmacies, mail in pharmacies and mail order pharmacies is somehow creating remote more deaths. There seems to be no statistics that support that Mifepristone has been found to be as safe as aspirin, not Tylenol aspirin in most of the studies. And now you've got the peculiar situation where the most conservative judge who ruled against a woman's right to choose is making a decision on the administrative stay. Here's what he's done. He is a given Louisiana until 5pm on May 11 to brief the issue for the court, the full court. So we'll have a short circuited on one of the most major and critical issues related to a woman's autonomy over her own body. We're going to have this on a short track short circuit with a very minimal record below on just two briefs, not three, which with a scramble for other organizations to file friends of the court brief with no oral argument likely and with Alito holding the pin on and blocking for now, for now, the Fifth Circuit Court of Appeals ruling. That means as of right now women can still obtain medication, abortion pills, mifepristone in Louisiana through mail, through mail order, through telehealth as of this moment. What's going to happen after May 11 and the and the final brief comes in. It's up for grabs now. In the past the United States Supreme Court did rule against a similar Texas ban that was brought in front of a single judge and ended up at the fifth Circuit Court of Appeals as well, it was brought before Judge Kaczmarek by an astroturf group that was literally artificially created just to file a case in Abilene, Texas and get Judge Kaczmarek, who had worked for anti abortion organizations, pro life movements before he became a federal judge. So he was handpicked by this phony organization. Supreme Court got wind of it and after much debate decided that that organization of doctors who had been formed really for the purpose of bringing the case did not have standing to argue against those regulations and throughout the case. So it wasn't on the merits of whether the FDA can allow medication abortions to happen in states that are not allowing abortion. We're going to get to that issue, I'm sure now with this new briefing with, with an interesting array of parties. You've got the labs who are, who are making the drug on one side and a state on the other. I'd like to see some other entities enter the fray with amicus Friends of the court brief to support a woman's reproductive rights. There are reproductive rights organizations that should be busy working on briefs to submit and as they do, I think they will will support them. We'll report on them here on Midas Dutch.
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a f the headline is as of right now, the fifth Circuit Court of Appeals ruling that was rendered by Judge Leslie Southwick, Judge Duncan and Judge Engelhardt, three men in the fifth Circuit to stop the use of mifepristone by telehealth and pharmacies. Mail order pharmacies has been blocked by Judge Alito at least through May 11. After full briefing, we're going to see what the Supreme Court does next. Now Supreme Court is basically on their summer vacation even though we're waiting for major rulings. And look at this clip of a smiling glad handing Neil Gorsuch. All all bright eyed and bushy tailed on Fox News. Why doesn't he come on Legal af? Why aren't here's my offer, any of the any Supreme Court justice, but certainly the ones on the right. You want to reach an audience that wants to hear from you. You want to reach millions and hundreds of billions of people. Come on Legal af, be interviewed by me and be platformed by me. That would be a good counterbalance to your dining and champagne soaked state dinners with with the King of England a couple of days ago or showing up only on Fox News. You can't hide in the Supreme Court. You're supposed to be the Supreme Court for all people. Come talk to our liberals and moderates and progressives and socialists and democrats on Legal AF and on the Midas Touch Network. How about that? Here's Neil Gorsuch. So you know what I'm talking about.
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Much. Your book is fantastic. I think it's great for adults too and I look forward to reading it with my daughter. What was the motivation behind this?
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Well, I guess two things. One, it's our 250th anniversary and there are we're going to have fireworks, we're going to have celebrations and we should. But I hope too we might find a little time to reflect on the men and women whose courage and sacrifice gave us the Declaration of Independence. And I've been complaining a lot about the lack of civic education and history education in our country. And my co author Janie Nitze said, you know old man, it's time for you to do something about it. She has three young children, founded a preschool and this was a journey and a wonderful journey. I just love how it turned out.
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Well, let me read an excerpt that was one of our favorites. You write, first, all men are created equal. The rich and the poor, the popular and the unpopular, all are equal in God's eyes and should be equal under law. Second, each person enjoys rights, among them life, liberty and the pursuit of happiness that are God given. Those rights are unalienable, beyond the reach of government. Third, to preserve those rights, the people have another right, the right to rule themselves. The government exists to serve the people, not the other way around. I love that you highlight that our rights are actually from God and our founders knew that. What do you think that our children need to learn about the Constitution and Our founders.
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Well, those three great ideas in the Declaration are perfect, and it's a journey to realize them, and it has been throughout our history. But each generation has to recommit themselves to those ideas. You know, we're not a nation founded on a common religion or heritage. We're founded around ideas. And so the torch passes to each new generation to carry on those ideas. And the sacrifice that the men and women during the revolution, we forget, it was eight long bloody years. And ordinary people, not just Ben Franklin and, and Thomas Jefferson, but people like Mary Catherine Goddard and Emily Geiger, whose stories we tell in the book help make those ideals possible for us.
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Yes, sir. As an originalist, how do you balance the literal text of the Constitution with more modern issues that maybe the framers couldn't have anticipated, like AI or Internet issues?
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Well, you know, one of the things that the framers of the Declaration really wanted was it was independent judges to interpret and apply the law were not bound down by politics. They fought a revolution against a king who had taken control of the judiciary himself. And so an originalist tries to be faithful to the original written word of the Constitution and apply it. Yes, it has to be applied to new facts and circumstances, but the terms of that document cannot be changed by nine old people in Washington. That's not our job.
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So follow. I'm following this story closely. Next development is going to be in about seven days when I get the brief from Louisiana and we see what happens next. I don't think they're going to do oral argument. I think their abacus briefs or amici briefs are really, really important, especially for reproductive rights groups to get on the ball. I know they're working on it right now. Get those on file and accepted and let's see what happens and hope it's not a six to three debacle. You know, I don't love the makeup of the Supreme Court on these issues, just as I didn't during the Dobbs decision. You got Amy Coney Barrett, who was a Catholic law school law professor, member of ultra right wing conservative religious legal entities, who has like seven adopted children, who thinks it's okay. You know, she says, oh, since there's statutes on the books that allows women to drop off their, their babies at, at firehouses with no repercussion, that's the solution. We, you know, we don't need abortion any longer. I mean, she's got some crazy thought processes that are up there on that and a bunch of old white guys and old black guys who've never had a child and they're making the decisions about the most intimate and personal bodily decision that a human being can make. And look how it's being made. Look at this process. We'll follow it closely. I'm Michael Popak until my next report.
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Can't get your fill of Legal af? Me neither. That's why we formed the Legal AF Substack. Every time we mention something in a hot take, whether it's a court filing or a oral argument, come over to the substack. You'll find the court filing in the oral argument there, including a daily roundup that I do called Wait for It Morning af. What else? All the other contributors from Legal AO are there as well. We got some new reporting, we got interviews, we got ad free versions of the podcast and hot takes where Legal AF on substack. Come over now to free subscribe
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Legal AF by MeidasTouch – Episode Summary
Episode Title: SCOTUS Makes Surpise Ruling Against Trump...
Release Date: May 5, 2026
Hosts: Ben Meiselas, Michael Popok, Karen Friedman Agnifilo
This episode of Legal AF focuses on the recent, unexpected Supreme Court intervention regarding the availability of mifepristone (a key medication used for abortion) and delves into the ongoing post-Roe legal battles over reproductive rights. Breaking news is covered by Michael Popok, who analyzes Justice Alito’s decision to grant an administrative stay temporarily blocking the Fifth Circuit’s nationwide ban on mifepristone, and reflects on the political and judicial landscape shaping these high-stakes rulings.
[02:27–10:38]
Michael Popok breaks the news that Justice Samuel Alito issued an administrative stay, temporarily blocking a recent Fifth Circuit Court of Appeals decision which sought to halt the use of mifepristone not only in Louisiana, but nationwide.
This stay comes after two pharmaceutical labs (Danko Laboratories and GenBioPro) rushed to the Supreme Court following the Fifth Circuit’s ruling, which triggered a potential national ban on mailing or telehealth prescriptions for mifepristone.
The stay is temporary; Louisiana has until 5pm on May 11 to file briefs, after which the Supreme Court will decide next steps.
“You’ve got Alito—and why Alito, one of the most rightest of right wing MAGA right wings of the Supreme Court? Well, why is he involved? Because he sits over the Fifth Circuit Court of Appeals which is in New Orleans and he’s the first stop on the train…”
—Michael Popok, [03:37]
This decision buys time for women to continue accessing medication abortions in Louisiana (and nationwide) via telehealth and mail order, at least until May 11.
Background:
“There seems to be no statistics that support that. Mifepristone has been found to be as safe as aspirin, not Tylenol, aspirin, in most of the studies.”
—Michael Popok, [06:45]
The Supreme Court’s prior intervention in a similar Texas case did not resolve the merits, instead throwing out the case on standing; Popok expects this rapid briefing period could force the Court to finally address the core constitutional and regulatory issues for medication abortion access.
There are calls for reproductive rights groups to urgently file amici briefs to help sway the court.
[11:40–13:20]
Popok recaps the timeline: Alito’s stay lasts through May 11. He highlights the “peculiar situation” of seeing a conservative justice who has previously voted against abortion rights now holding the pen on such a consequential issue.
Critiques the Supreme Court’s insularity and lack of public engagement, with a pointed invitation for conservative justices (Gorsuch, et al) to appear on Legal AF.
“You can’t hide in the Supreme Court. You’re supposed to be the Supreme Court for all people. Come talk to our liberals and moderates and progressives and socialists and Democrats on Legal AF…”
—Michael Popok, [12:28]
[13:20–16:19]
The show analyzes a Fox News segment featuring Justice Neil Gorsuch discussing his new book and his judicial philosophy.
Gorsuch’s notable points:
“The terms of that document cannot be changed by nine old people in Washington. That’s not our job.”
—Justice Gorsuch, [15:45]
Gorsuch frames the American tradition as a journey to realize its founding ideals, passing the responsibility to each generation.
[16:19–17:48]
Popok outlines expected next steps:
“I don’t love the makeup of the Supreme Court on these issues, just as I didn’t during the Dobbs decision…a bunch of old white guys and old black guys who’ve never had a child and they’re making the decisions about the most intimate and personal bodily decision…”
—Michael Popok, [16:57]
On immediate implications:
“That means as of right now women can still obtain medication/abortion pills, mifepristone in Louisiana through mail, through mail order, through telehealth as of this moment.”
—Michael Popok, [08:45]
On SCOTUS insularity:
“You can’t hide in the Supreme Court. You’re supposed to be the Supreme Court for all people.”
—Michael Popok, [12:28]
On originalism and judicial restraint:
“The terms of that document cannot be changed by nine old people in Washington. That’s not our job.”
—Justice Neil Gorsuch, [15:45]
Throughout the episode, Legal AF delivers a sharp, engaging account of fast-moving developments in the post-Dobbs legal landscape. The discussion is framed by a combination of breaking legal analysis, strong opinion, and critical scrutiny of the Supreme Court’s ideological tilt. The episode not only covers the specifics of the mifepristone case but also frames it as emblematic of broader judicial and political struggles shaping Americans’ reproductive and constitutional rights.
Listeners come away with a clear timeline of developments, legal background, and a sense of urgency about the next steps, as well as a critical window into the personalities and philosophies influencing the nation’s highest court.