The pushback begins
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Based on a lawsuit filed by Washington Attorney General Bob “Death to Flying Things” Ferguson, a U.S. District judge has forbidden the FDA from pulling mifepristone:
A federal judge in Eastern Washington on Friday prohibited the U.S. Food and Drug Administration from pulling a commonly used abortion pill off the market, raising immediate questions about the implications of a contradictory same-day decision in a Texas case.
Nationwide access to and approval of mifepristone has drawn intense scrutiny since the U.S. Supreme Court overturned Roe v. Wade in June, most notably in a Texas lawsuit filed against the FDA last year. The lawsuit argued mifepristone was improperly approved in 2000, despite its high efficacy and low mortality rates.
The country has anxiously awaited a decision in the Texas case for weeks, and on Friday U.S. District Judge Matthew J. Kacsmaryk in Amarillo ordered a hold on U.S. approval of the drug, a direct contradiction to the decision of U.S. District Judge Thomas O. Rice in Spokane. The stay will apply while a lawsuit challenging the safety and approval of the drug continues, Kacsmaryk decided.
The Texas order does not go into effect for seven days, while Rice’s preliminary injunction takes effect immediately, according to a statement from Washington state Attorney General Bob Ferguson’s office. In other words, Washingtonians will continue to be able to access mifepristone for now.
“Today’s ruling will preserve vital access to mifepristone while our case continues,” Ferguson said in the statement. “Mifepristone is scientifically proven to be safe and effective after more than 20 years of use in the United States. Attacks on reproductive freedom will continue, but we will continue to fight for the right to access mifepristone in Washington.”
Evidently, this is going to make it harder for the Supreme Court to use delay tactics to evade the issue.
We’re going to need to think of various ways of responding to lawless rulings, because letting “judges” who cite crackpot arguments made in amicus briefs endorsed by zero Supreme Court justices as if they’re binding precedent set national policy on a wide array of issues is not an acceptable option:
Buried in the mifepristone opinion is a recognition of constitutional fetal personhood, i.e., that the constitution requires providing zygotes with equal protection.
The Supreme Court did not say that in Dobbs. The judge makes it up based on an amicus brief filed in Dobbs. pic.twitter.com/9xJPuVLcJ0— Max Kennerly (@MaxKennerly) April 7, 2023