Judge Thomas Rice in the eastern district of Washington responded Thursday to government lawyers asking how they should comply with contradictory rulings on mifepristone that both came down Friday evening, one of which Rice wrote.
Note the contrast between the measured legal analysis of the 9th Circuit and the WA District Court in following those rules and the crap that comes out of the Fifth Circuit and the make it up as he goes along judge in Amarillo. Who are the activist judges? Who faithfully follow the Constitution?
This is a judge who is sticking to the rule of law, and making it clear the other decisions are not. He’s forcing the issue to go to the SC and for them to make a decision. The drawback is they may just go along with the obviously bad stuff coming out of Texas, but that shouldn’t change the judge’s path. And, really, if the SC is now going to go with judicial opinions that are just made up based on political considerations and based on outright lies, the nation really should know about it. It gives voters a chance to overturn the decisions at the ballot box at least, which is what’s been happening so far.
I want in on the Viagra® lawsuit. I’ll be alleging irreparable harm after a shipping container full got spilled into the ocean, turning all the puffers into swordfish.
According to the conservative logic of the Comstock Act, Viagra would absolutely be illegal to ship by mail:
every article, instrument, substance, drug, medicine, or thing which is advertised or described in a manner calculated to lead another to use or apply it for preventing conception or producing abortion, or for any indecent or immoral purpose
emphasis mine
Viagra can be used to commit adultery, which is clearly an indecent or immoral purpose, hence, banned from mail.
It’s pretty ironic that a ruling that was, essentially, against the state of Washington, et. al., Ordering the government to make no changes to increase access to mifeprostone, suddenly became a ruling protecting those who seek to maintain and expand access to safe abortions.
It goes to show you the value, for all concerned really, of an impartial judiciary.
Let’s talk about standing. The doctors they found for standing in Amarillo are a joke, and that won’t hold up under scrutiny. We need to do better. Any wives or husbands have their spouse cheated on them with somebody who used Viagra? Especially somebody who also may have seen Viagra ads on TV? We get a few of those and we got standing.
I am continually amazed by those who want to interfere in the private medical decisions of competent adults other than themselves. I would tell them all to heartily fuck off. (Pardon my language.)
One of the measures used to gain data on safety and efficacy of a drug is the “retrospective study” . In a way a gold standard. Most trials of new drugs ( done before release ) are detailed and involve many people. FDA is not a reckless outfit. But after release and general use an enormous sample size becomes available. All those that used the drug. Retrospective studies on Mifepristone have determined it to be very safe…“less risky that taking a Tylenol” some studies have said.
The drug is safe safe safe. Unsafe is the usual reason a drug is withdrawn. A drug may get by initial testing, take thalidomide for example, be determined OK for consumption in trial studies but another test, its general use may reveal controlled testing resulted in erroneous conclusion and the drug is withdrawn. 22 year field study involving MILLIONS of folks using Mifepristone has concluded the drug is extraordinarily safe and efficacious. It avoids surgical abortion which entails greater hazard.
The Texas judicial clowns axed the drug using speculation, “what ifs” and junk science because safety and efficacy did not serve their purpose: antiabortion activism. This pisses me and Ill bet most in here off but there’s a huge glowing pink mastodon in the room. If this kind of lame judgment can be used ( manufactured standing and junk science “facts” ) where does it end? Will AntiVax doctors bring suit using the same “maybes” and “what ifs” tailored for their cause? Once precedent is set why not? Do they have standing because they “might” have to treat vaccine reactions and does their claim have merit because some may die of a disease they had received a vaccination for and a few families of those deceased people suffered pain and suffering? Associated standing I think it’s called? Even though none are named in the suit. Why not?
Law Street and Medicine Avenue is a dangerous intersection.
Holding up under scrutiny is dependent on who is doing the scrutinizing. In this case the legal path, K to 5th to SCOTUS doesn’t have many doubting eyes.
The WA judge is being pretty open about calling out forum shopping. He’s also going to be viewed as a savior of the Pharma industry. Pharma types should take note: the 5th circuit didn’t give a whiff about any of your statements or amicus/friend of the court briefs. A lot of business folks see the GOP as the natural home for a pro-business agenda. Nothing could be further from the truth. The GOP is in the business of white supremacy and conservative christianity and that’s it.