🚨WA judge just issued a dueling injunction PROHIBITING the FDA from pulling mifepristone off market

[Nevilledog]

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Tweet text:

Mark Joseph Stern

@mjs_DC
·
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Whoa—a Washington judge just issued a dueling injunction PROHIBITING the FDA from pulling mifepristone off the market. It directly conflicts with Kacsmaryk’s. https://storage.courtlistener.com/recap/gov.uscourts.waed.102225/gov.uscourts.waed.102225.80.0.pdf…
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Mark Joseph Stern

@mjs_DC
Matthew Kacsmaryk’s decision claiming to overrule the FDA’s approval of abortion drug mifepristone—23 years late—is an appalling and indefensible abuse of power that will go down in history as one of the judiciary’s most humiliating and lawless moments. https://fingfx.thomsonreuters.com/gfx/legaldocs/myvmojgodvr/ND%20Texas%20Abortion%20Pill%20Ruling%202023-04-07.pdf…
3:56 PM · Apr 7, 2023
from Washington, DC

[Solly Mack]

1. K&R

[bluestarone]

2. KICK

Keep this one at the top.

[Cha]

3. What?!! I was just asking on

other threads IF Anything Can Be Done About This..

& Here's my Answer!!

TY.. Hope it Sticks!!

[in2herbs]

23. Obviously this judge was prepared! Good. Let the TX judge pray on that. nt

[Cha]

30. This is encouraging..

Link to tweet

[Irish_Dem]

4. All the posts today are real time reports of fights between good and evil.

[Coventina]

5. Will this be the unlikely spark for civil war?

I am weeping, and can't stop.

I've just had the shittiest week ever, and I don't know how much more I can take.

[Ferrets are Cool]

28. So very sorry you have had a difficult week.

[rubbersole]

36. No, but it is another straw on the camel's back.

Turn off the TV for 5 days and your life will seem better. Whatever else isn't going right, adding more msm narrative to your situation probably doesn't help. Bless you.

[paleotn]

42. Nope. One half is a modern, 21st century country

The other half is a shit hole of racists, god botherers and homophobes. That is all.

[Hekate]

44. "The news" is making me physically ill, so I have kept the TV off today. I've only been here briefly

…as well, because what is DU after all but lots of news and people reacting to it.

Coventina, take a mental health break for yourself. The bastards will neither know nor care if you or I drive ourselves to an early grave, so find something else to do for an indefinite period of time.

Okay?

[housecat]

47. No, the last civil war didn't entirely end in the south.

[First Speaker]

51. Probably not yet. We're still in the "Dred Scott" phase...

...if we have a "Harper's Ferry" incident, then we get closer. It doesn't take too much imagination to see what something like that could be. Then we'll need a Presidential election like 1860 to push us to the brink. That, alas, doesn't take too much imagination to foresee, either. *Then* we'll be ready for Fort Sumter. And I hope things improve for you...

[nattyice]

54. Get your revenge by voting in every election.

[spanone]

6. Now we're talkin'

👍🏼👍🏼👍🏼👍🏼👍🏼👍🏼👍🏼👍🏼👍🏼👍🏼👍🏼👍🏼👍🏼👍🏼👍🏼👍🏼👍🏼👍🏼👍🏼👍🏼👍🏼👍🏼👍🏼👍🏼

[BlueCheeseAgain]

7. Washington state, not DC.

Judge Thomas O. Rice, Eastern District of Washington. Appointed by Obama.

[Nevilledog]

8. I'll fix....

[Cha]

18. TY! I just asked what the Judge's

name is.

Appointed by Obama!

[irisblue]

9. Justice Kagan covers the 9th Circuit

Ninth Circuit Districts
1. Alaska
2. Arizona
3. Central District of California
4. Eastern District of California
5. Northern District of California
6. Southern District of California
7. Guam
8. Hawaii
9. Idaho
10. Montana
11. Nevada
12. Northern Mariana Islands
13. Oregon
14. Eastern District of Washington
15. Western District of Washington


That Washington judge -name?- and the clerks were ready for that Texas fool.


just saw the Judges name-Judge Thomas O. Rice, Eastern District of Washington.

[Nevilledog]

11. Yup

[Cha]

24. TY..Appointed by Obama!

[In It to Win It]

49. When the case gets to SCOTUS, she'll most likely refer it to the full court.

[Cha]

10. Does it say who the Washington

Judge is? TY!

[Nevilledog]

15. Judge Thomas O. Rice

[Cha]

19. TY! I just saw the post..

Appointed by Obama!

[LetMyPeopleVote]

12. This makes me smile

[dalton99a]

13. Kacsmaryk's order is nationwide, Rice's order is limited

[Nevilledog]

17. But I think it will get this to SCOTUS quicker

[sl8]

29. How so? They're both enjoining the FDA.

Last edited Sat Apr 8, 2023, 06:17 AM - Edit history (3)

On edit:

It appears you're correct:

https://www.axios.com/2023/04/08/washington-judge-abortion-pills-texas

[...]

Details: U.S. District Court Judge Thomas Rice, an Obama appointee, said that his ruling affects only the 17 states and the District of Columbia involved in the challenge, arguing that a nationwide injunction was "inappropriate."

Rice said that abortion restrictions "vary state-by-state." He also appeared to reference the Texas ruling, saying that a nationwide injunction is "inappropriate where there is the potential for competing litigation."

Rice sided with the specific argument from the Democratic AGs that suspending the FDA’s approval of mifepristone would alter the “status quo.”

[..]

It strikes me as odd that an order preventing the FDA from changing a drug approval could be limited to affect only certain states. I haven't seen it yet.

On edit, pt. 2:

https://www.documentcloud.org/documents/23747042-19514454683

[...]

ACCORDINGLY, IT IS HEREBY ORDERED:

1. Plaintiffs’ Motion for Preliminary Injunction (ECF No. 3) is GRANTED
in part.

2. Pursuant to Federal Rule of Civil Procedure 65(a), Defendants and their
officers, agents, servants, employees, attorneys, and any person in active
concert or participation, are PRELIMINARILY ENJOINED from:
“altering the status quo and rights as it relates to the availability of
Mifepristone under the current operative January 2023 Risk
Evaluation and Mitigation Strategy under 21 U.S.C. § 355-1 in
Plaintiff States.”

3. No bond shall be required. Fed. R. Civ. P. 65(c).

4. Third Parties’ Unopposed Motion for Leave to File Amicus Curiae Brief
(ECF No. 52) is DENIED.

[...]

[In It to Win It]

56. Judge Rice has too much integrity to give plaintiffs relief beyond what is necessary

Kacsmaryk doesn't have that restraint. Nationwide injunctions aren't the norm because they are becoming the norm. If a Court determines there is a need for immediate relief, it would more likely will just give make that relief specific to the plaintiffs and not beyond that.

From Judge Rice's order:

[sl8]

57. I get that. It's the mechanics of it that I don't get.

https://www.documentcloud.org/documents/23747042-19514454683

I'd skimmed it earlier today. I get the judges intent or desire to limit the effects of his injunction to only the plaintiff states. What I don't get is how an order to the FDA, telling them to temporarily not change a particular rule until after the trial, can be limited to only certain states.

As far as I know, which, admittedly, is not very much, the FDA rules apply to all 50 states. If they are prohibited from changing one of the rules, it seems to me that it would affect all 50 states, regardless of whether that was the desired outcome.

I'm not saying it can't or couldn't be done, just that I don't understand the mechanism.

[In It to Win It]

58. Courts have power to give relief that only applies to plaintiffs

Since only these states petitioned the court alleging they've been harmed, the court can take action to preserve the status quo and/or prevent further harm to these plaintiffs. Life can move on for everyone else because they are not the ones before the court seeking relief.

It's not that he's choosing which states to shield and what states not to shield, it just so happens that these states are the plaintiffs before the court and the only ones entitled to it if the court determines relief is necessary.

If the plaintiff had been a company, instead of states, and the court had reason to grant preliminary relief from an FDA rule, a court could enjoin enforcement of the rule only for that company - even though an FDA rule would apply to other companies nationwide - until the court makes a final decision.

[sl8]

62. OK, thanks. nt

[mopinko]

16. the nut job has his ruling, let him enforce it.

[LetMyPeopleVote]

20. This will be fun to watch

Link to tweet

[Cha]

31. TY, LMPV!!

[in2herbs]

21. Good! This makes my post on another thread obsolete --- just like the TX judge should be. nt

[bluestarone]

22. Wondering here.

Was this PLANNED? I mean it's sure wonderful. Would they know before the ASSHOLE in texas made his ruling?

[Maeve]

35. Speculation has been rampant for weeks

Forewarned is forearmed

[BlueCheeseAgain]

25. Hopefully Kacsmaryk will soon join Aileen Cannon in the Hall of Shame

For ridiculous, quickly-overturned opinions.

[Cha]

34. Yes!

[Baked Potato]

26. Ooof!

[roamer65]

27. It means we just ignore the idiot judge from Texass.

[NullTuples]

46. But will the FDA? Will pharmacies? My hope is that they both will til it's settled?

[roamer65]

50. I honestly think states like CA, NY, MI, IL, etc will source the drug and provide it to clinics.

MJ isn’t FDA approved either and these states legalized it and let licensed dealers provide it.

[ismnotwasm]

32. K&R

[mcar]

33. This makes perfect sense

If one judge can take a right away, why can't another judge restore it?

[James48]

37. Unfortunately

When federal circuits rule differently, the normal way to resolve it is for the US Supreme Court to decide. Right now they would not be good.

[nattyice]

55. There's time for a decision before the 2024 elections.

[BidenRocks]

38. Damnit Jim

I'm a judge, not a doctor!

[Alice Kramden]

59. Ha!

I hear ya, Bones

[LiberalFighter]

39. Too bad Rice can't rule Kacsmaryk be required to keep his private in a coffin.

[ShazzieB]

40. I didn't know Kacsmaryk had issued a decision.

Did that just come down today? I guess I need to go do some research.

[in2herbs]

41. It's my understanding in reading this decision that it only applies to the 18 states whose AGs have

participated in the action. In other words, only to those the 18 states does this decision apply. Does this mean that the rest of the states are subject to the TxAss's judicial decision until such time as a higher court rules on both decisions.

Can anyone clarify this?

[sl8]

52. It appears so:

https://www.axios.com/2023/04/08/washington-judge-abortion-pills-texas

[...]

Details: U.S. District Court Judge Thomas Rice, an Obama appointee, said that his ruling affects only the 17 states and the District of Columbia involved in the challenge, arguing that a nationwide injunction was "inappropriate."

Rice said that abortion restrictions "vary state-by-state." He also appeared to reference the Texas ruling, saying that a nationwide injunction is "inappropriate where there is the potential for competing litigation."
Rice sided with the specific argument from the Democratic AGs that suspending the FDA’s approval of mifepristone would alter the “status quo.”

[..]

It strikes me as odd.

[Smackdown2019]

45. Wonder how many Republican Christian Parents would support

Wonder how many Republican Christian Parents would support their 16 year old daughter baby that she had a fling with another 16 year boy?

Words are just words!

Reality sinks in once the the egg has been fertile.

These Republicans parents dont know what the pre-1970 era was like, they just been brainwashed about abortion as a battlecry, now Reality is here.

I am sure the harm of these Republican extremism wants, will be written in blood over this, as the born and the living will suffer in pain, financial debt, grief, and dreams that never will develop. All because the Christian beliefs outweighs human rights.

[ZonkerHarris]

48. Fire meet fire. That's how you fight

[TigressDem]

53. Will we look back in history and say the COURTS saved Democracy?

AFTER the DOJ cleans up SCOTUS or whichever branch needs to get Clarence Thomas impeached and more DEM judges added so they can actually work in a fair and impartial way going forward to clean up the damage.

[Martin68]

60. In your face, corrupt MAGAt judges!

That includes you, Clarence.

[MayReasonRule]

61. Fuck Yeah!!! Reason Just Ruled!

Reason ought to rule, delusion ought never rule.

May reason rule.



Get 'em y'all!!!