Lawless federal judge announces nationwide ban on mifepristone at 6:30 on Friday night
Let’s check in on how “sending abortion back to the states” is going:
The ruling is stayed for a week, so nothing changes now. But Kacsmaryk is absolutely prepared to pull mifepristone off the market. He also says that mailing medication abortion is a federal crime. Just a totally off-the-walls opinion. https://t.co/WgpMwkKUOW— Mark Joseph Stern (@mjs_DC) April 7, 2023
I think Kacsmaryk waited to issue his decision pulling mifepristone off the market until after the Wisconsin judicial election so he didn’t hurt the Republican candidate. I really do.— Mark Joseph Stern (@mjs_DC) April 7, 2023
Obviously, 5CA is not going to do anything about this extraordinary act of lawlessness, so as Mark says it’s all going to come down to whether Brett Kavanaugh’s Dobbs concurrence offered in good faith. I know how I’m betting! I also agree with Mark that choosing the particular Friday evening after the Wisconsin election to excrete this bundle of ipse dixits and National Review blogs was no coincidence.
It shouldn’t be news that overruling Roe had absolutely nothing to do with “democracy” or “judicial restraint,” but this really puts a bow on it. And note that if this opinion stands it’s the effective end of Griswold too — any form of contraception that reactionary cranks falsely consider an “abortifacient” can be banned nationwide by judicial fiat.
[PC] And here we go . . .
This is designed to generate a fast review before the SCOTUS. Good to see at least one federal judge wasn’t just sitting there wringing his hands while his fascist colleagues marched through the legal system unopposed.