The Texas Judge ordered the FDA to withdraw approval of mifepristone.
The Washington (state) Judge ordered the FDA to maintain the approval of mifepristone.
What a cluster ■■■■■
This is EXACTLY why I have proposed reforms in the venue of cases where a Federal law, Presidential Order or Agency Regulation is challenged.
Both of these were venue shopped and judge shopped cases.
I would reform so that in these types of cases, venue would be randomly chosen among all 91 Article III Judicial Districts and then randomly to any Judge in the chosen district, regardless of division or courtroom location.
I would also restate my proposal for establishing a United States Court of Interlocutory Appeals.
It is an absolute abuse of power. Taking a drug off the market 26 full years after approval. And a drug that has a safety record greater than that of some common over the counter pain killers.
Fortunately, the other Judge’s order will substantially gum up the works.
Agreed. As I said in another thread this is a disaster for Republicans. The women’s health/abortion issue greatly impacted the 2022 election. Now you have a conservative judge (nominated by Trump) trying to further limit women’s health choices by creating a national ban on a drug that has been FDA approved for over 20 years.
I just don’t get it. For a generation now (20-30 years), the Republicans have only won the popular vote in a presidential election one time. Their numbers continue to fall. The remaining base that supports this type of thing is no longer big enough to win major elections. This issue is further compounded by unpopular stances on gun control and LGBTQ rights, the rapid abandonment of religion and younger generations no longer becoming nearly as conservative as they age. The only things keeping Republicans afloat are gerrymandering and activist judges. Those won’t last forever.
I’m not a fan of a single party but that’s where we’re headed.
It may be safe for the mother, but it is designed fof the one purpose of killing a fetus up to 10 weeks into gestation, when there is a heartbeat at 5 weeks. So, I guess, it depends on what the state’s laws say regarding abortions after a heartbeat.
By such a state law, it has not been safe for 25 years for humans in the womb.
Mifepristone is a drug that blocks a hormone called progesterone that is needed for a pregnancy to continue. Mifepristone, when used together with another medicine called misoprostol, is used to end a pregnancy through ten weeks gestation (70 days or less since the first day of the last menstrual period).04-Jan-2023
seems to me to comply with TX law a simple state regulation on prescription after a heartbeat in detected would satisfy the law. A nationwide withdrawal of approval is an over reach
one circuit judge attempting to annul another circuit judges opinion is also over reach, that’s what appellate courts are for
First a nitpick. They are district judges, not circuit judges.
And the Washington judge was not overruling the Texas Judge. He was ruling in an entirely separate case and Judges are free to render contradictory decisions.
You are correct as to the fact that appellate courts serve to unify the law. But that won’t happen at the Court of Appeals level since one Judge is in the Fifth Circuit and one is in the Ninth Circuit.
As much as I dislike abortion, it’s a state issue. It should be a state issue, and it should remain there.
This judge passing this ruling is guilty of the same thing Roe v Wade did, which was trying to legislate an issue the federal government shouldn’t even be involved in in the first place.
