Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Nevilledog

(55,137 posts)
Thu Apr 13, 2023, 05:15 PM Apr 2023

Judge Rice says that his injunction still applies "irrespective" of the Tex/5th Cir ruling.



Tweet text: Chris “Subscribe to Law Dork!” Geidner

@chrisgeidner
·
Follow
BREAKING: Judge Rice in Washington says that his injunction — requiring continued availability of mifepristone under the January 2023 REMS (allowing mailed prescriptions) in the 17 plaintiffs states + DC in the lawsuit — applies “irrespective” of the Tex/5th Cir ruling.

Defendants’ Motion for Clarification and Motion to Expedite, ECF Nos. 81 and 82, are GRANTED.
2. Pursuant to Federal Rule of Civil Procedure 65(a), irrespective of the Northern District of Texas Court ruling or the Fifth Circuit’s anticipated ruling, 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 and the District of Columbia.”
2:11 PM · Apr 13, 2023
20 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Judge Rice says that his injunction still applies "irrespective" of the Tex/5th Cir ruling. (Original Post) Nevilledog Apr 2023 OP
K&R Solly Mack Apr 2023 #1
Excellent! Ligyron Apr 2023 #2
kicking In It to Win It Apr 2023 #3
KNR niyad Apr 2023 #4
So now scotus has to rule.... getagrip_already Apr 2023 #5
See how states deciding works bluestarone Apr 2023 #6
Not sure of the question but... getagrip_already Apr 2023 #7
Sorry i was just making a comment (not at you) about how the SC ruling that allows states bluestarone Apr 2023 #8
What's really ironic is that Kacsmaryk's ruling amounts to a direct repudiation of SCOTUS. ShazzieB Apr 2023 #17
This! MontanaMama Apr 2023 #18
Yeah. soldierant Apr 2023 #16
"it would be weird if they" - Have you seen this court? I can see them kicking both cases back NullTuples Apr 2023 #15
Might they possibly rule that the FDA is an unconstitutional interference into states rights... lostnfound Apr 2023 #19
Washington judge to Texas Judge and fifth circuit: bluescribbler Apr 2023 #9
I like it republianmushroom Apr 2023 #10
Excellent news. KnR. n/t iluvtennis Apr 2023 #11
Go Judge Rice! Marthe48 Apr 2023 #12
Wow.. TY & Judge Thomas RIce! Cha Apr 2023 #13
B/c Kacsmaryk's order wasn't in effect when Rice ruled, Rice rules today, he had jurisdiction and Cha Apr 2023 #14
I haven't been following closely. Can someone give a synposis intrepidity Apr 2023 #20

getagrip_already

(17,802 posts)
5. So now scotus has to rule....
Thu Apr 13, 2023, 05:47 PM
Apr 2023

It would be weird if they didn't take up the appeal given opposing federal district opinions/rulings.

getagrip_already

(17,802 posts)
7. Not sure of the question but...
Thu Apr 13, 2023, 05:56 PM
Apr 2023

I was talking about federal court decisions and an appeal to the us Supreme Court.

One of the constitutional roles of scotus is to resolve disputes within the federal courts. This would be a dispute.

I'm neither lawyer nor constitutional expert though. I'm sure the experts will correct.

bluestarone

(22,466 posts)
8. Sorry i was just making a comment (not at you) about how the SC ruling that allows states
Thu Apr 13, 2023, 06:00 PM
Apr 2023

To decide their abortion rules. THIS is what happens. (TWO fed judges) deciding LAWS! It's CRAZY!

ShazzieB

(22,881 posts)
17. What's really ironic is that Kacsmaryk's ruling amounts to a direct repudiation of SCOTUS.
Thu Apr 13, 2023, 07:46 PM
Apr 2023

SCOTUS: States should decide about the legality of abortion.
Kacsmaryk: Oh yeah? Hold my beer! No, not you, Kavanaugh! Hand that to somebody else!
Kavanaugh: *BURP* *wipes mouth on sleeve* I like beer. Do you like beer?

MontanaMama

(24,751 posts)
18. This!
Thu Apr 13, 2023, 07:57 PM
Apr 2023

It occurred to me that the safety of women and girls and their ability to access health care of all kinds may end up depending on the state they live in.

soldierant

(9,372 posts)
16. Yeah.
Thu Apr 13, 2023, 07:21 PM
Apr 2023

Because one judge is IN Texas and the other is IN Washington does not mean that they are OF Tsxas or OF Washington. Both are federal judges.

NullTuples

(6,017 posts)
15. "it would be weird if they" - Have you seen this court? I can see them kicking both cases back
Thu Apr 13, 2023, 07:18 PM
Apr 2023

Just to stall until next session.

lostnfound

(17,630 posts)
19. Might they possibly rule that the FDA is an unconstitutional interference into states rights...
Fri Apr 14, 2023, 08:09 AM
Apr 2023

Or some other rightwing pet ideology? Or open the door to ‘objections of conscience’ from states to drug approvals?
Well, pharma is pretty powerful and that would make them darned unhappy, because generally they want captive regulators rather than no regulators, and consistent approvals across states.

Cha

(320,566 posts)
14. B/c Kacsmaryk's order wasn't in effect when Rice ruled, Rice rules today, he had jurisdiction and
Thu Apr 13, 2023, 07:07 PM
Apr 2023

TY.. that I can understand!




intrepidity

(8,595 posts)
20. I haven't been following closely. Can someone give a synposis
Fri Apr 14, 2023, 02:05 PM
Apr 2023

of the Texas judge's ruling? Like, on what basis did he decide for everyone that they can't get a certain medication?

Kick in to the DU tip jar?

This week we're running a special pop-up mini fund drive. From Monday through Friday we're going ad-free for all registered members, and we're asking you to kick in to the DU tip jar to support the site and keep us financially healthy.

As a bonus, making a contribution will allow you to leave kudos for another DU member, and at the end of the week we'll recognize the DUers who you think make this community great.

Tell me more...

Latest Discussions»General Discussion»Judge Rice says that his ...