• FireTower@lemmy.world
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    19 days ago

    a woman that is unable to obtain an abortion because a state banned a drug that the FDA had approved would have standing;

    That suit wouldn’t work either as you can’t sue the government for not prohibiting a medicine even if it does actual harm.

    • HelixDab2@lemm.ee
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      19 days ago

      …But that’s not what I was saying.

      As far as I know, you are generally correct that you can’t sue a government becuase they didn’t ban a thing. But you can sue when the gov’t has banned a thing, and that ban has caused you direct harm. This would be especially true if her lack of access to reproductive care meant that she had suffered serious physical harm, or lost her ability to have children in the future.