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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIan Millhiser @imillhiser: in the likely event that Trump Judge Matty Kascmaryk bans mifepristone
Ian Millhiser
@imillhiser
So in the likely event that Trump Judge Matty Kascmaryk bans mifepristone, heres what we can expect next:
🧵
DOJ will seek an emergency stay from the Fifth Circuit as fast as it can review Mattys opinion and draft a motion. They will likely lose. The Fifth Circuit is dominated by highly-partisan Republicans like Kyle Duncan.
Then it goes to SCOTUS. I think theres a real chance that SCOTUS grants a stay there is no legal basis whatsoever for banning mifepristone, which was approved 23 years ago. The statute of limitations to file this suit is six years.
However, the GOP-controlled SCOTUSs practice, when the Biden administration asks for an emergency stay from a hack judge like Kascmaryk has been to deny the request. So theres a real risk that Mattys order could remain in effect for months or more.
If SCOTUS denies the temporary stay, the question of whether to permanently reverse Matty will still be on appeal. The Fifth Circuit gets the first shot. And it may intentionally delay its ruling to leave Mattys decision in place for as possible. DOJ will likely lose again.
Most likely after the Fifth Circuit rules, SCOTUS will hear it again. I would be surprised if even this SCOTUS allows such a lawless order to remain in effect forever, but theres no guarantee DOJ wins.
Depending on what Matty the Ks opinion says, FDA may also try to bypass him by reapproving mifepristone. Although Im told that process could also take months.
So buckle up. Looks like shit is about to get super lawless.
@imillhiser
So in the likely event that Trump Judge Matty Kascmaryk bans mifepristone, heres what we can expect next:
🧵
DOJ will seek an emergency stay from the Fifth Circuit as fast as it can review Mattys opinion and draft a motion. They will likely lose. The Fifth Circuit is dominated by highly-partisan Republicans like Kyle Duncan.
Then it goes to SCOTUS. I think theres a real chance that SCOTUS grants a stay there is no legal basis whatsoever for banning mifepristone, which was approved 23 years ago. The statute of limitations to file this suit is six years.
However, the GOP-controlled SCOTUSs practice, when the Biden administration asks for an emergency stay from a hack judge like Kascmaryk has been to deny the request. So theres a real risk that Mattys order could remain in effect for months or more.
If SCOTUS denies the temporary stay, the question of whether to permanently reverse Matty will still be on appeal. The Fifth Circuit gets the first shot. And it may intentionally delay its ruling to leave Mattys decision in place for as possible. DOJ will likely lose again.
Most likely after the Fifth Circuit rules, SCOTUS will hear it again. I would be surprised if even this SCOTUS allows such a lawless order to remain in effect forever, but theres no guarantee DOJ wins.
Depending on what Matty the Ks opinion says, FDA may also try to bypass him by reapproving mifepristone. Although Im told that process could also take months.
So buckle up. Looks like shit is about to get super lawless.
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Ian Millhiser @imillhiser: in the likely event that Trump Judge Matty Kascmaryk bans mifepristone (Original Post)
In It to Win It
Mar 2023
OP
It wouldn't surprise me to read that the judge's order requires the FDA to pre-vet their re-approval
in2herbs
Mar 2023
#1
So less safe off use of drugs that aid in terminations of pregnancies may become more common
Freethinker65
Mar 2023
#3
in2herbs
(2,945 posts)1. It wouldn't surprise me to read that the judge's order requires the FDA to pre-vet their re-approval
with him.
Biden needs to issue and EO and he needs to fire the Walgreens exec he just recently appointed to some position. (I don't remember the details and am not going to research. If you don't believe me, do your own research.)
CrispyQ
(36,457 posts)2. If they thought women turned out in 2022 just wait.
We're not going back, assholes.
2naSalit
(86,565 posts)4. The time is here...
To cut them off from anything that a female has to offer in their minds.
Freethinker65
(10,010 posts)3. So less safe off use of drugs that aid in terminations of pregnancies may become more common
Like the Hollywood types use of the diabetes drug Ozempic to lose weight... Or those using Viagra for erectile dysfunction before it was approved for that use.
LonePirate
(13,417 posts)5. If the statute of limitations is six years and it was approved 23 years ago, why isn't it thrown out
Lovie777
(12,237 posts)6. I'll keep fingers crossed................
that the RW judge does the opposite. Miracles do happen.