Dueling federal rulings Friday night — one staying the Food and Drug Administration’s (FDA) approval of abortion drug mifepristone, and one ordering the FDA to maintain the status quo of the drug’s availability for more than a dozen states involved — stirred up a flurry of speculation and lobbying regarding the Biden administration’s next steps.
If we want to be the party that touts a country based on laws, then we have to be consistent. I just hope this is resolved quickly because, good grief, what’s next after mifepristone, Viagra?
Sen. Chuck Schumer (D-NY) quickly jumped on the suggestion Monday.
“We’re not defunding the FDA,” he tweeted. “Republicans care more about enacting a national abortion ban than they do about making sure everyone has safe food to eat.”
Once again, Biden’s conviction that Tip and Ron are going to have a beer and solve all our problems raises its grotesque head. Please god can we once and for all be rid of these elderly Democrats!
marks the end of the “When they go low, we go high” brand of politics popularized by former First Lady Michelle Obama during the early days of the Trump era. Democrats believed that the vulgarization of the public square was beneath them, and that mindset was a losing tactic. The political reality is that the high-minded ideal doesn’t work if you allow your opposition to choose the battleground.
White House couldn’t say anything differently if they don’t want to pre-maturely antagonize the Fascist Five on the SCOTUS.
However, this bit caught my eye:
“First and foremost, when you turn upside down the entire FDA approval process, you’re not talking about just mifepristone,” he said. “You’re talking about every kind of drug. You’re talking about our vaccines. You’re talking about insulin. You’re talking about the new Alzheimer’s drugs that may come on.”
This sounds likes a subtle Call to Arms to the Drug industry. Better call in your chits within the Republican party or any FDA-approved drug is at risk.
So instead they’ll ignore Rice’s mifepristone ruling that it remain approved?
Either way, they have to ignore a ruling until the contradiction is resolved - so, ethically, they should ignore the ruling that does the most damage, i.e., Kacsmaryk’s.
This is a Constitutional crisis created by the judicial branch. I think the best analogy is if a judge issued an nationwide injunction against daylight savings time, saying the law when created it was not fully vetted at the time. Thus, he’s order all clocks be returned to standard time throughout the country.
Federal judges have a lot of power, but not that much. And while I appreciate why the White House wouldn’t want to just ignore one crazy judge’s ruling and rely on higher courts to correct it, we can’t count on that and the implications of having this baby judge (pun intended) have his bottle. nothing stop them from going to a different hand-picked judge at a higher level and getting a writ of mandamus to overrule that judge. The problem is the 5th Circuit – which has already agreed to ridiculous rulings where they like the result – even if SCOTUS would likely issue a stay of that judge’s ruling.
We are quickly reaching a point of no return on all of these arguments where only direct application of power will matter. It won’t be a civil war, but honest justice will be decided by who is willing to go farthest in getting there way. I’m not sure Biden is up for that kind of fight, by age or temperament.