Against the lawlessness
By 
Judge Rice has once again ordered the FDA’s authority over drug authorization to be restored within his jurisdiction:
Wow: Judge Thomas Rice issues a new order compelling the FDA to preserve access to mifepristone in 17 states and D.C.—without any of the old obstacles—"irrespective of" the 5th Circuit's decision.
We have a direct conflict. https://t.co/cXg5brmtve pic.twitter.com/LkFYUPXhaD— Mark Joseph Stern (@mjs_DC) April 13, 2023
The 5th Circuit's decision was clearly designed to reshape Kacsmaryk's screed into a more coherent and plausible argument that might persuade Kavanaugh and Barrett to vote against emergency relief. But now the Supreme Court simply has to act—the FDA is facing competing orders!— Mark Joseph Stern (@mjs_DC) April 13, 2023
The last point remains a real concern; it is not hard to imagine Kavanaugh and Coney Barrett thinking 5CA has reached a “statesmanlike” compromise by not fully upholding Kacsmaryk’s Rod Dreher blog post, even though its opinion would sharply constrain access to a duly approved medication and is no more legally defensible. But just allowing the three-quarters ban to stand indefinitely would be even worse.
In the meantime, what the FDA should do is clear:
The FDA now has absolutely no excuse to impose the restrictions on mifepristone that the 5th Circuit tried to resurrect today. Enforcement discretion + competing Rice order = keep the status quo. It's the only lawful response.https://t.co/56dOrUarqR— Mark Joseph Stern (@mjs_DC) April 13, 2023