This case is the rare example of the right finally going too far.
More important than the terrible arguments being proffered here is the technical question of why a single judge in Texas might even have the right to overrule the FDA on a question that is ostensibly a medical one. As David S. Cohen, Greer Donley, and Rachel Rebouché, he really can’t.
If Judge Kacsmaryk does rule against mifepristone, and if the FDA responds by telling people it will effectively not enforce that ruling on the judge’s behalf, it will be a real situation of conflicting orders from two opposing powerful entities. So far, when this has happened in the situations surrounding abortion, the threat being scared up by anti-abortion forces has won out.
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