Washington judge smacks down Kacsmaryk, upholds abortion pill

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Washington judge smacks down Kacsmaryk, upholds abortion pill
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The Washington ruling is still in tension with the Texas order, raising questions of how the FDA will resolve it absent further resolution at the Supreme Court. (via Deadline: Legal Blog)

to do so. Here's a quick recap of what happened and where we're going.

The divergent rulings come from Donald Trump-appointed Judge Matthew Kacsmaryk in Texas, who last week tried to suspend the Food and Drug Administration's 2000 approval of mifepristone, and the other is from Barack Obama-appointed Judge Thomas Rice in Washington state, who issued a conflicting ruling that same day. Kacsmaryk's extreme ruling was narrowed Wednesday by, which said mifepristone can stay on the market but with restrictions, including no more access to the drug via mail.

When Kacsmaryk entered his order April 7, he paused it from taking effect for a week, so the narrowed version of his ruling could take effect at the end of Friday, which the DOJ and drugmaker Danco are trying to stop from happening with their Supreme Court filings.Thursday, clarifying that his ruling blocks the FDA from altering mifepristone's availability, regardless of the Texas court and the 5th Circuit.

In clarifying his order, Rice effectively called out Kacsmaryk's ruling that purports to have nationwide effect. The Obama appointee cited precedent that nationwide injunctions are"associated with forum shopping, which hinders the equitable administration of laws." It's a particularly apt reference in this situation, given that the anti-abortion plaintiffs brought their case

to the Texas court where Kacsmaryk serves . Indeed, it's more than mere forum shopping in this case — which would be bringing a case to a certain district where there's a good chance at getting a favorable judge — butSo Rice's order functions as a potent critique of the Trump judge in Texas, who has clearly hindered"the equitable administration of laws," or at least has tried to do so. We'll see if the Supreme Court lets him and the 5th Circuit succeed.

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