Justice Department Asks For ‘Clarification’ After Dueling Mifepristone Rulings

The Justice Department asked a federal judge in Washington for “clarification” after he handed down a ruling Friday at odds with one out of Texas — and just 20 minutes after the Texas decision.


This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1454559

To ensure that Defendants comply with all court orders in these unusual circumstances, Defendants respectfully request that this Court clarify their obligations under its preliminary injunction in the event that the Alliance order takes effect and stays the approval of mifepristone.

Shorter DOJ: We want you to explicitly tell us to ignore Kacsmaryk’s ruling.

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If the Fifth Circuit upholds Kacsmaryk’s decision

“If”? That’s a no-brainer. Whether they decide to surreptitiously add Plan B and birth control to the banned list as well is the only real question.

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We need a major change in the Federal Court system. Namely, that cases be filed only with the circuit that handles the area where the plaintiff is located. This will do away with the practice of “judge shopping,” and significantly reduce justice system costs and allow for a more reasonable route to the SCOTUS after appeal.

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These plaintiff’s literally started their ‘organization’ in Amarillo (Kacsmaryk’s district), so that won’t solve the problem.

Better to 1) eliminate all one-judge districts and 2) require at least a 3 panel judge to implement a nationwide or federal agency injunction.

It would also be good to go through the entire FedSoc Judge roster and investigate how many of them followed in Thomas’s corrupt footsteps. The likelihood of other cases of unreported ‘personal hospitality’ is very high.

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Hate to break the news to you, but that’s exactly what the plaintiffs did with Kacsmaryk.

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Excellent!!!

I love how these nut job Judges get to just bat shit their way all over Texas and fuck up the rest of the country simultaneously. Congratulations to Leonard Leo and all of the people who support the insanity and who know it will never affect them because they aren’t
female
a POC
LGBTQ
an immigrant
or one of the other lesser classes of human being in our rapidly evolving American caste system.

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To me as a former reproductive physiologist there needs to be this clarification…
A judge is not qualified to decide if a drug is safe and effective. That is the job of the FDA. If the FDA has collected 20+ years of scientific data that mifepristone is safe then the issue is settled. In addition I would offer that this judge stay the hell out of women’s uteri. Medical issues should be decided between a doctor an the patient, not an unqualified attitude dependent judge. Mifepristone has more uses than abortion. To deny treatment based on attitude and not scientific and medically sound evidence is endangering women’s lives. There will be blood on this judge’s hands.
End of rant.

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I applaud this, but unfortunately, the Messiah complex held by more than one judge in the Federal system will not acknowledge this.

Take this one away, and they’ll just come up with something more heinous later.

I mentioned over the weekend the question of just how many people have been killed or permanently injured by this medication over the 23 years. The percentage was less than .1 of one percent.

This nincompoop is probably trying to include the number of babies whose lives were taken away as the reason for removing the certification. Unfortunately, that’s not his job. If he’s allowed to do this, there’s nothing in the future to complete take away all certifications on everything and that cannot stand.

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As others have pointed out, it already works that way, and that definitely doesn’t solve the problem.

The issue is primarily one of nationwide injunctions. A more effective change would probably be to require that all cases seeking a national injunction to be referred to an interstate commission which would assign a panel of three district court judges selected in some manner to handle the case.

Such commissions are already required for certain kinds of “multidistrict” litigation, so it wouldn’t be too terribly difficult to design a process that fits this need.

This would tamp down the effectiveness of judge shopping, would presumably lower the incidence of national injunctions (which is probably a net positive all by itself), and wouldn’t be too disruptive otherwise.

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its been a long time, and i don’t remember the name of the drug, but this kind of drug has been around for a long, long time, at least since the 60s..yes..i’m that old and then some…it is weird that this country is going back to the 50-60s in womens issues, it really is. now if someone would just ‘recall’ viagra it might make sense. my question is what are the men going to do when this drug is no longer easily available? how are they going to deal with unwanted pregnancies of the girl-friends, daughters,or even wives?

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There’s a second drug used in most medical abortions (in contrast with a clinical abortion, which used to be the dominant method). That is misoprostol. The two drug combination generally results in a less painful and more effective ‘at home’ process. If you remove mifepristone from the process and only use misoprostol it can be much more painful and also more likely to require intervention due to incomplete abortion. My hunch is that they didn’t go at misoprostol because of the longer use period and the fact that it is used in many other medical situations. Perhaps, to the zealots, it also has the benefit by removing mifepristone in making at-home abortions more painful to the patient.

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The cruelty is the point…at least, a big point.

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I think they want them all to suffer and die.

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Hate to break it to you dear Darr but Judge K doesn’t care. Judge K is a product of his upbringing, his schooling, and both are inline with his religious views. He seems not care what the bible and other religious teachings have to say on when does life begin, for him life begins with the sperm fertilizes the egg. It is then a human child.
Apparently in his religion’s views it’s sad but acceptable for a fertilized egg to commit suicide by not implanting in the uterus, but I’d like to know what he and his religion have to say about those rebel children that decide to implant on the ovary, or in a fallopian tube.

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Yes the judge considers each fertilized egg to be baby human, and this anything that prevents the fertilized egg from implanting is murder.

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Apparently this judge thinks women at best (in his view) are slaves of the state or at least wards of the state without rights to their own bodies

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I would add men along with state as who controls the wimmens.

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So when does he go after condoms and the partners that may or may not wear them?