If Judge Kacsmaryk’s radical mifepristone ruling stands, there will be hell to pay. That’s why Supreme Court conservatives may find a way to block it.
, a drug widely used to terminate pregnancies, was the timing and the scope of his judicial radicalism. Anti-abortion groups had chosen to bring the suit to this Trump-appointed judge, himself a veteran litigator for conservative Christian causes, hoping that he would largely adopt their arguments in his ruling.
Rep. Alexandria Ocasio-Cortez backed Wyden’s call in a CNN interview Friday, arguing that the “deeply partisan and unfounded nature” of the court’s decision undermines its own legitimacy and the White House should “ignore” it. Complicating the picture much more, the very day of Kacsmaryk’s ruling, U.S. District Court Judge Thomas Ricethe FDA to maintain the current status of mifepristone pending a hearing on a lawsuit from Democratic attorneys general challenging some of the existing restrictions on distribution of the drug. So the FDA and the Biden administration are in a legal bind. That could lead the Department of Justice to follow the counsel of Wyden and Ocasio-Cortez and just keep on keeping on .
In the normal scheme of things, the administration would ask a three-judge panel of the Fifth Circuit Court of Appeals to put a hold on the ruling until it can be fully appealed; indeed, Kacsmaryk delayed the effective date of his order for seven days to enable an emergency petition by the administration. The Fifth Circuit is notoriously the nation’s
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