Mary Ziegler
@maryrziegler.bsky.social
14K followers 320 following 85 posts

Historian, Law Professor, Guggenheim Fellow, 7 books, including Personhood and Roe: The History of a National Obsession. Bylines in the NYT, Atlantic, CNN, MSNBC, and Slate.

Mary R. Ziegler is an American legal scholar. She is the Martin Luther King Jr. Professor of Law at the University of California, Davis School of Law.

Source: Wikipedia
Political science 59%
Law 9%
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maryrziegler.bsky.social
This will also delay resolution of the issue, which may suit the Trump Administration, while leaving open the possibility that the judge to whom the case is transferred will buy the arguments about the Comstock Act and FDA authority.
susanrinkunas.com
NEW: Judge Matt Kacsmaryk transferred ongoing lawsuit against the FDA over abortion drug mifepristone to the Eastern District of Missouri. (Trump DOJ said AGs of Missouri, Kansas, Idaho couldn't sue in TX.) Denies motions to intervene from AGs of TX, FL, LA
storage.courtlistener.com/recap/gov.us...
screenshot of order from this docket
https://www.courtlistener.com/docket/65768749/state-of-missouri-v-us-food-and-drug-administration/?order_by=desc
Case 2:22-cv-00223-Z Document 273 Filed 09/30/25
Page 1 of 27 PagelD 19186
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS AMARILLO DIVISION
STATE OF MISSOURI, et al.,
Intervenor Plaintifts,
U.S. FOOD AND DRUG ADMINISTRATION, et al.,
Defendants,
and
DANCO LABORATORIES, LLC, et al.,
Intervenor Defendants.
MEMORANDUM OPINION AND ORDER
Before the Court are Defendants' Motion to Dismiss Intervenor-States' Amended Complaint ('Defendants' Motion) (ECF No. 218), filed January 18, 2025, and Intervenor-Defendant Danco Laboratories, LLC's Motion to Dismiss Intervenor-States' Amended Complaint ("Danco's Motion) (ECF No. 221), filed January 28, 2025 (together, the "Motions"). The Court granted Intervenor Plaintifis leave to file a consolidated response to the Motions. BCF Nos. 226, 227. Intervenor Plaintiffs responded to the Motions on February 20, 2025. ECF No. 228. Defendants and Danco replied on May 5, 2025, after the Court granted a deadline extension. ECF Nos. 247, 248, 241. On August 22, 2025, Texas and Florida also moved to intervene. ECF No. 254. Louisiana followed suit on September 19, 2025. ECF No. 264.
The Motions are now ripe. Having considered the Motions, briefing, and relevant law, the Court GRANTS Defendants' Motion and DENIES as MOOT Danco's Motion. The Court also DENIES as MOOT Texas, Florida, and Louisiana's Motions to Intervene. This case is TRANSFERRED to the Eastern District of Missouri under 28 U.S.C. Section 1406(a).
susanrinkunas.com
NEW: Judge Matt Kacsmaryk transferred ongoing lawsuit against the FDA over abortion drug mifepristone to the Eastern District of Missouri. (Trump DOJ said AGs of Missouri, Kansas, Idaho couldn't sue in TX.) Denies motions to intervene from AGs of TX, FL, LA
storage.courtlistener.com/recap/gov.us...
screenshot of order from this docket
https://www.courtlistener.com/docket/65768749/state-of-missouri-v-us-food-and-drug-administration/?order_by=desc
Case 2:22-cv-00223-Z Document 273 Filed 09/30/25
Page 1 of 27 PagelD 19186
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS AMARILLO DIVISION
STATE OF MISSOURI, et al.,
Intervenor Plaintifts,
U.S. FOOD AND DRUG ADMINISTRATION, et al.,
Defendants,
and
DANCO LABORATORIES, LLC, et al.,
Intervenor Defendants.
MEMORANDUM OPINION AND ORDER
Before the Court are Defendants' Motion to Dismiss Intervenor-States' Amended Complaint ('Defendants' Motion) (ECF No. 218), filed January 18, 2025, and Intervenor-Defendant Danco Laboratories, LLC's Motion to Dismiss Intervenor-States' Amended Complaint ("Danco's Motion) (ECF No. 221), filed January 28, 2025 (together, the "Motions"). The Court granted Intervenor Plaintifis leave to file a consolidated response to the Motions. BCF Nos. 226, 227. Intervenor Plaintiffs responded to the Motions on February 20, 2025. ECF No. 228. Defendants and Danco replied on May 5, 2025, after the Court granted a deadline extension. ECF Nos. 247, 248, 241. On August 22, 2025, Texas and Florida also moved to intervene. ECF No. 254. Louisiana followed suit on September 19, 2025. ECF No. 264.
The Motions are now ripe. Having considered the Motions, briefing, and relevant law, the Court GRANTS Defendants' Motion and DENIES as MOOT Danco's Motion. The Court also DENIES as MOOT Texas, Florida, and Louisiana's Motions to Intervene. This case is TRANSFERRED to the Eastern District of Missouri under 28 U.S.C. Section 1406(a).

maryrziegler.bsky.social
Two more important things: 1) this suit is meant to get a federal court to finally interpret the Comstock Act as a ban/ force a response from SCOTUS and Trump; 2) it reinforces arguments for fetal personhood (note that is a class action on behalf of all "fathers of unborn children")
maryrziegler.bsky.social
We were long promised that cross-border wars over abortion would center on wrongful death suits brought by men. This may be the start, in a suit filed by Jonathan Mitchell. Why is this a big deal?

It may feel like it's not because the TX state suit and Louisiana prosecution didn't go anywhere. /1

maryrziegler.bsky.social
Courts in NY or CA were never going to enter antiabortion judgments. The goal? Win in federal court and force compliance. As far as that goes, there are strategic advantages to a civil wrongful death suit brought by a private citizen. Don't sleep on what this means for abortion-protective states.

maryrziegler.bsky.social
We were long promised that cross-border wars over abortion would center on wrongful death suits brought by men. This may be the start, in a suit filed by Jonathan Mitchell. Why is this a big deal?

It may feel like it's not because the TX state suit and Louisiana prosecution didn't go anywhere. /1

maryrziegler.bsky.social
Medina on its own will likely harder for plaintiffs to enforce other civil rights in federal court. And as far as reproductive health is concerned, this case could be part of a one-two punch if Trump's Big Beautiful Bill passes.
profmmurray.bsky.social
And, predictably, in Medina, Justice Thomas isn't content to axe Planned Parenthood from Medicaid.

He would go further ... "to reexamine more broadly this Court’s §1983 jurisprudence . . . ."

This is an invitation to undermine a major foundation of civil rights litigation.

Reposted by Mary Ziegler

profmmurray.bsky.social
And, predictably, in Medina, Justice Thomas isn't content to axe Planned Parenthood from Medicaid.

He would go further ... "to reexamine more broadly this Court’s §1983 jurisprudence . . . ."

This is an invitation to undermine a major foundation of civil rights litigation.

maryrziegler.bsky.social
Skrmetti caps off decades of movement work to rethink sex discrimination jurisprudence across the board. The goal was to ensure law could regulate based on biological difference, broadly defined --as one ADF attorney explained, to show that “one cannot deny the reality of biological sex.”
maryrziegler.bsky.social
Look at how much work the Court's abortion cases do here. The majority cites Dobbs to say that regulating a medical condition/procedure isn't sex discrimination, and another abortion case, Gonzales v. Carhart, to suggest that legislatures deserve discretion when there is scientific uncertainty.
lawrencehurley.bsky.social
BREAKING: Supreme Court upholds Tennessee ban on transgender youth medical care
www.nbcnews.com/politics/sup...

Reposted by Ameet Sarpatwari

maryrziegler.bsky.social
Look at how much work the Court's abortion cases do here. The majority cites Dobbs to say that regulating a medical condition/procedure isn't sex discrimination, and another abortion case, Gonzales v. Carhart, to suggest that legislatures deserve discretion when there is scientific uncertainty.

Reposted by Ameet Sarpatwari

maryrziegler.bsky.social
Striking story: a man accused of putting abortion pills into his girlfriend's drink without her consent is being charged not with criminal abortion or reproductive coercion but with capital murder in Texas. A test for personhood politics in the state.

www.star-telegram.com/news/local/c...
North Texas man accused of slipping abortion drug in pregnant girlfriend’s drink
A U.S. Department of Justice employee faces charges including capital murder after investigators say he forced an abortion by sneaking medication into a woman’s coffee.
www.star-telegram.com

maryrziegler.bsky.social
The strategy in this case, involving what movement members call a guardian for the unborn, has been a defining strategy for fetal personhood since the 1960s. There are more federal personhood cases in the pipeline like this one in MN: www.mprnews.org/story/2024/1...

maryrziegler.bsky.social
The thrust: hospitals didn't know what to do because of Biden. The Trump Admin vows to enforce the law to prevent serious harm to "the health of a pregnant woman or her unborn child."
No guidance about how hospitals should, but a clear nod to the idea that the unborn child counts as a patient too.

maryrziegler.bsky.social
Do you have the PDF? When I try the links from the MO courts? I get this error message from the link

maryrziegler.bsky.social
Anyone have a copy of the MO Supreme Court order from yesterday, and Judge Zhang's February ruling? The MO courts page seems to be down?

maryrziegler.bsky.social
Huge news. This bill was heralded as a model for other states. My guess is that it was taken down by its language blocking state courts from ruling on its constitutionality. Don't be surprised if many of these proposals are back, in TX and elsewhere, minus that idea.
shefali.bsky.social
A TX bill to let private citizens sue people who mail abortion pills into the state WON'T pass after missing a key deadline.

It's a loss for the state's anti-abortion movement. The bill had been cited as a possible model for other ban states.

I spoke to anti-abortion activists about what's next.
A Texas bill to block abortion pills has died for now
Senate Bill 2880, which supporters hoped could halt a key source of abortion, will likely not get a vote before the end of the session.
19thnews.org

Reposted by Mary Ziegler

shefali.bsky.social
A TX bill to let private citizens sue people who mail abortion pills into the state WON'T pass after missing a key deadline.

It's a loss for the state's anti-abortion movement. The bill had been cited as a possible model for other ban states.

I spoke to anti-abortion activists about what's next.
A Texas bill to block abortion pills has died for now
Senate Bill 2880, which supporters hoped could halt a key source of abortion, will likely not get a vote before the end of the session.
19thnews.org

Reposted by Mary Ziegler

maryrziegler.bsky.social
The GA AG claims that Adriana Smith doesn't have to be kept on life support because taking her off wouldn't qualify as a "direct abortion" and violate the state's ban. But that's wrong because GA's law is a *fetal personhood* law. Want to learn more? I have a book!

www.amazon.com/Personhood-N...

maryrziegler.bsky.social
AP's reporting on GA may confuse readers. It says pro-lifers are divided on personhood bills. That's true of bills authorizing punishment of women but NOT of the idea of personhood, which is what is driving events in Georgia. This isn't an outlier.
apnews.com/article/preg...
Case of brain-dead pregnant woman kept on life support in Georgia raises tricky questions
The case of a pregnant woman in Georgia who was declared brain dead and has been on life support for three months has given rise to complicated questions about abortion law and whether a fetus is a pe...
apnews.com

maryrziegler.bsky.social
"Investigation" into mifepristone has been a defining policy. At first, this was a way to buy time, given that the abortion issue hurts Republicans. Now it looks like political cover. Trump's past talk of state's rights will be portrayed as sincere; he will say that new data have changed his mind.
alannavagianos.bsky.social
During today's HHS budget hearing, Hawley brought up that junk science report & asked RFK if he believes this is reason enough to restrict access to the abortion pill mifepristone.

RFK: “The new data... it’s alarming & clearly it indicates that at very least that the label should be changed."

Reposted by Mary Ziegler

stevevladeck.bsky.social
To be clear, it’s not that there are five votes to *uphold* Trump’s patently unlawful and unconstitutional limits on birthright citizenship; it’s that there seem to be five votes to hold that district courts can grant relief only to plaintiffs—so the policy would go into effect against all others.

Reposted by Mary Ziegler

alannavagianos.bsky.social
During today's HHS budget hearing, Hawley brought up that junk science report & asked RFK if he believes this is reason enough to restrict access to the abortion pill mifepristone.

RFK: “The new data... it’s alarming & clearly it indicates that at very least that the label should be changed."

maryrziegler.bsky.social
Trump has seen stories like this: www.washingtonpost.com/politics/202.... Why does abortion seem like less of an issue? Because the status quo hasn't changed. Abortion will become a major electoral issue the minute something major happens. Trump is trying to manage that without losing abortion foes.
Column | Three years after Dobbs leak, abortion no longer dominates politics
In Trump 2.0, reproductive rights is not the most central issue galvanizing voters, leaving Democrats searching for a winning message.
www.washingtonpost.com

maryrziegler.bsky.social
Want to make sense of the Trump filing yesterday? Remember it says nothing about FDA approval of mifepristone or whether the Comstock Act is an abortion ban. Trump is giving himself room to do whatever he wants on mifepristone on his own timeline. And one more thing:
Column | Three years after Dobbs leak, abortion no longer dominates politics
In Trump 2.0, reproductive rights is not the most central issue galvanizing voters, leaving Democrats searching for a winning message.
www.washingtonpost.com

maryrziegler.bsky.social
The case will continue. Questions about Comstock could still end up at SCOTUS. But Trump doesn't seem to be in a hurry. The preference, I think, is for Trump to continue reshaping the courts, and for the courts to continue limiting access to abortion, all without Trump taking the blame.