Originally Posted by Jim Moscheck
"US District Judge Matthew Kacsmaryk issued an order halting the FDA's approval of mifepristone on Friday as a lawsuit challenging the drug's safety from an anti-abortion group makes its way through the courts."
What gives this guy the right to ignore the FDA and ban a drug? Because he says so? Imagine the noise we'd hear if a judge appointed by a democrat issued a ban on Viagra.
"In a motion filed Monday, the DOJ asked the 5th Circuit Court of Appeals to issue a stay pending appeal on a district court's suspension of mifepristone on Friday. The "abrupt and sweeping nationwide order" would "irreparably harm" patients, it argued."
"If allowed to take effect, the court’s order would thwart FDA’s scientific judgment and severely harm women, particularly those for whom mifepristone is a medical or practical necessity," the DOJ said in its filing. "This harm would be felt throughout the country, given that mifepristone has lawful uses in every State. The order would undermine healthcare systems and the reliance interests of businesses and medical providers."
https://www.buzzfeednews.com/article/clarissajanlim/abortion-drug-mifepristone-doj-fda-appeals-court
Anyone care to comment? Or is this now okay for federal judges to do?
Hi Jim:
This is
not a case of "legislation" from the bench. The district court order is here: https://fingfx.thomsonreuters.com/gfx/legaldocs/myvmojgodvr/ND%20Texas%20Abortion%20Pill%20Ruling%202023-04-07.pdf
The order is 64 pages of detailed reasoning. One may disagree or one may agree with the judge's conclusions, but this was not put together in a hasty manner by an activist judge.
137 separate motions, briefs, and other court documents were filed by countless interested parties and considered by the court. The docket is tabulated here with some summaries: https://clearinghouse.net/case/43886/?docket_page=1#docket
The plaintiffs convinced this judge that more likely than not that the FDA did not follow it's own rules when approving mifepristone and misoprostol as a combination to accomplish abortion. If you have time to skim the opinion, you will see why, and you will know more about the issues underlying this case than 99% of the morons writing about it in the press. Another court disagrees, as you probably know, setting this up nicely for appellate court review. Expect these drugs to be available while the appeals are argued.
I am posting only because the press has over-simplified the process that resulted in the Court's order to be basically: "a radical right wing judge outlawed the abortion drugs from the bench." This is ignorance foisted on the public by the press. The truth is that a District Court after reviewing mountains of evidence and arguments from both the FDA and medical professionals determined that the FDA did not follow it's own procedures when it issued an evolving series of authorizations for the use of these drugs to accomplish abortions. Another Court disagrees as noted above. This is a difficult case. Bottom line though,
it is the District Court's job to stay the FDA ruling
if the fact show that they violated their own procedures. This is basic checks and balances.
I have no idea if the plaintiffs or the FDA ultimately wins. I just hate to see the beginning of a lengthy judicial review process reduced to a political sound-bite by the press.
Jim
