David S. Cohen
@dsc250.bsky.social
15K followers 390 following 1.8K posts

feminist "law" professor, reproductive rights scholar/activist, avid cyclist, husband, dad, indie rock enthusiast, Vermont lover, Phillies fan, he/him

David Samuel Cohen is an American attorney who served as deputy director of the Central Intelligence Agency (CIA) from 2021 to 2025, previously holding the position from February 9, 2015 to January 20, 2017. He served as acting director of the CIA from January 20 to March 19, 2021 until the Senate confirmation of William J. Burns. .. more

Political science 48%
Law 16%
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dsc250.bsky.social
My new book with @carolejoffe.bsky.social -- After Dobbs: How the Supreme Court Ended Roe But Not Abortion -- comes out in just over a week. Pre-order now from your favorite booksellers, like Bookshop.org!

bookshop.org/p/books/afte...

dsc250.bsky.social
Major questions doctrine only applies to Democratic Presidents.
mjsdc.bsky.social
It is pretty galling that the Supreme Court spent four years telling Biden "you can't do that without Congress" then allowed Trump to seize a once-unthinkable amount of power from Congress within nine months and concentrate law-making authority almost entirely in the executive branch.

dsc250.bsky.social
I know this is a tangential point to this travesty, but if the Trump administration were going to prosecute under Comstock, they would have already. Clearly law and justice doesn't stop them from using the DOJ politically.

So their lack of doing so speaks volumes.

Reposted by David S. Cohen

dsc250.bsky.social
I generally agree with you, but it cared about standing in the first iteration of this case -- unanimously rejecting standing for antiabortion doctors. So I think there's a chance here (if it gets to them again).
susanrinkunas.com
NEW: 51 Senators urge RFK Jr. and Marty Makary to end telemedicine prescriptions of the abortion drug mifepristone— and to suspend its distribution as an "imminent hazard" under Federal Food, Drug, and Cosmetic Act. Collins and Murkowski only GOP members not to sign
justthenews.com/sites/defaul...
screenshot of letter dated 10/9/25
Today, your agencies have all the information they need to bring an end to previous Democrat-administrations’ abortion drug regulations while a comprehensive review is conducted. As a starting point,
we recommend the following:
1. Suspend the approval of any new generic versions of mifepristone pending the outcome of the REMS safety review;
2. Commit to ensuring that all generic versions of mifepristone are included in the ongoing reevaluation of prior REMS approvals;
3. Reinstate the in-person dispensing requirement for mifepristone and all its generic versions;
4. Suspend the distribution of mifepristone and all generic versions as an “imminent hazard” under Section 505(e) of the Federal Food, Drug, and Cosmetic Act (FDCA); and
5. Withdraw FDA guidance permitting pharmacy distribution of mifepristone and all its generic versions.

We are committed to continuing to work together to give a voice to the voiceless and protect women from the dangerous effects of unregulated access to chemical abortion drugs. The life, safety, freedom, and health of millions of Americans, born and unborn, depend on it.

dsc250.bsky.social
This is Lyons all over. Man choked by LAPD can't sue for injunctive relief stopping police chokeholds because he has no guarantee he'll be choked by LAPD in the future.

Same here, but replace "man choked by LAPD" with "woman coerced into taking abortion pills."

dsc250.bsky.social
I think LA thinks it's found a great plaintiff for standing purposes here. But they haven't. For very clear reasons -- someone injured in the past like this doesn't have standing for future-looking injunctive relief.

This woman can sue for damages for harm she suffered, but not for an injunction.
greerdonley.bsky.social
First, there is second plaintiff, a LA woman, who is arguing that her boyfriend coerced her to take abortion pills, which would have been prevented with in-person dispensing. We have heard her story before, so it's not new, but previous litigation against FDA didn't have an actual patient.

dsc250.bsky.social
Great thread about the "new" case challenging FDA allowing mailed abortion pills.
greerdonley.bsky.social
NEW-ish: Louisiana is suing FDA over its 2023 REMS change for mifepristone, which removed the in-person dispensing requirement. That change allowed mail or pharmacy dispensing of mife after significant data showed it was safe and effective. A few things to note about this new lawsuit.

Reposted by David S. Cohen

greerdonley.bsky.social
First, there is second plaintiff, a LA woman, who is arguing that her boyfriend coerced her to take abortion pills, which would have been prevented with in-person dispensing. We have heard her story before, so it's not new, but previous litigation against FDA didn't have an actual patient.
greerdonley.bsky.social
NEW-ish: Louisiana is suing FDA over its 2023 REMS change for mifepristone, which removed the in-person dispensing requirement. That change allowed mail or pharmacy dispensing of mife after significant data showed it was safe and effective. A few things to note about this new lawsuit.

dsc250.bsky.social
This is a truly fascinating development.
espiers.bsky.social
One of the things that's terrifying about what's happening now is the number of Republicans who won't stand up to Trump because they're cowards who are terrified of backlash. MGT strikes me as just unhinged enough to not be sensitive to that, which turns out to be a liability for them.
atrupar.com
Marjorie Taylor Greene on CNN (!): "I'm getting phone calls from people that are saying if the ACA tax credits expire, they aren't gonna be able to have health insurance. They're going to have to drop it."
espiers.bsky.social
One of the things that's terrifying about what's happening now is the number of Republicans who won't stand up to Trump because they're cowards who are terrified of backlash. MGT strikes me as just unhinged enough to not be sensitive to that, which turns out to be a liability for them.
atrupar.com
Marjorie Taylor Greene on CNN (!): "I'm getting phone calls from people that are saying if the ACA tax credits expire, they aren't gonna be able to have health insurance. They're going to have to drop it."
mjsdc.bsky.social
It is pretty galling that the Supreme Court spent four years telling Biden "you can't do that without Congress" then allowed Trump to seize a once-unthinkable amount of power from Congress within nine months and concentrate law-making authority almost entirely in the executive branch.

dsc250.bsky.social
Saying it means absolutely nothing. I mean, I’ve been saying it for years. And…?

dsc250.bsky.social
Schuylkill
merriam-webster.com
What’s the word where you’re from that, when pronounced exactly as it looks, identifies a tourist immediately?

dsc250.bsky.social
Some reporter needs to ask Bondi where antifa HQ are. Who’s the executive director. Which company services their payroll. How many sick days its employees get. Where they keep their cleaning supplies for when the office coffee maker overflows.
atrupar.com
Bondi: "Bondi: "Just like we did with cartels, we are going to take the same approach, President Trump, with antifa -- destroy the entire organization from top to bottom. We are going to take them apart."
merriam-webster.com
What’s the word where you’re from that, when pronounced exactly as it looks, identifies a tourist immediately?

Reposted by David S. Cohen

atrupar.com
Bondi: "Bondi: "Just like we did with cartels, we are going to take the same approach, President Trump, with antifa -- destroy the entire organization from top to bottom. We are going to take them apart."

dsc250.bsky.social
This is not how it works.
atrupar.com
Trump: "We took the freedom of speech away because that's been through the courts and the courts said you have freedom of speech, but what has happened is when they burn a flag it agitates and irritates crowds."
atrupar.com
Trump: "We took the freedom of speech away because that's been through the courts and the courts said you have freedom of speech, but what has happened is when they burn a flag it agitates and irritates crowds."

dsc250.bsky.social
Go ahead and read something neither of us said. That's your prerogative. The initial post was using the Chicago video to try to get more people outraged. We're on the same side dude.

dsc250.bsky.social
First generic approval of mifepristone by the FDA - 2019, Trump President. GenBioPro had first applied in 2009, when Obama was President.

Second generic approval of mifepristone by FDA - 2025, Trump President. Evita had first applied in 2021, when Biden was President.

Very strange pattern.

dsc250.bsky.social
I think Chicago folks know this all too well. It's the rest of the country we're talking about - not being up in arms enough about what's happening there and in Portland and elsewhere.

Reposted by David S. Cohen

unraveledpress.com
(shared with permission) ICE/CBP has been active on Chicago's northwest side this morning—and also met with rapid responders.

Agents reportedly abducted one man from this Dunkin at Belmont and Milwaukee around 9:30am before speeding off.

dsc250.bsky.social
Also, and less significantly but still, "guarantee" -- ok, so the state will pay for it and, if no private provider will offer this care, the state will provide it as well?

dsc250.bsky.social
Standing for plaintiffs I like, but not for plaintiffs I don't.

dsc250.bsky.social
Yes, of course. But if we’re betting on this anti measure working (unlike all others so far) or on the providers and supporters on the ground figuring out ways to still provide care? I know which side I’m betting on.

And which side I’m not granting victory to months before the law goes into effect.