The Trump judge’s made-for-Fox News quip showed the argument could be less about law than about providing a forum for his personal feelings. (via Deadline: Legal Blog)
even the narrowed restrictions from taking effect and sent the case back to the 5th Circuit for more litigation before this new panel.for weekly updates on the top legal stories, including news from the Supreme Court, the Donald Trump investigations and more.
Yet even describing Kacsmaryk’s unprecedented order as such seemed to upset the GOP-appointed bench, which also included Trump appointee Cory Wilson and George W. Bush appointee Jennifer Elrod. Arguing for the FDA was a top Justice Department lawyer, Sarah Harrington, who began the hearing by criticizing Kacsmaryk’s “unprecedented and unjustified attack on FDA’s scientific expertise.
shouldn't even have standing to do so. They have legal protections from providing abortions against their beliefs, so it’s unclear how mifepristone legally affects them besides it just generally bothering them that abortions are taking place. But let’s get back to what might be the most important practical point, for now — that however extreme these 5th Circuit judges are, and whatever they decide at this stage of the case, they can’t take mifepristone off the market on their own. That’s because the Supreme Court’s order blocking Kacsmaryk’s order from taking effect is still in place, and it will stay in place during this litigation so that the Supreme Court can have the last word.
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