New York Democrat Rep. Alexandria Ocasio-Cortez has urged President Joe Biden’s administration to disregard a federal judge’s ruling in Texas that suspended the approval of the abortion pill, mifepristone. Ocasio-Cortez called the ruling an “extreme abuse of power” and “a mockery of our democracy and our law” during an appearance on CNN’s “State of the Union.” She argued that the executive branch has enforcement discretion and pointed out that the Trump administration had ignored court rulings in the past. Other Democrats, including Oregon Sen. Ron Wyden and Health and Human Services Secretary Xavier Becerra, also expressed support for potentially ignoring the ruling.
However, legal experts noted that ignoring a court ruling would be politically risky and could set a precedent for future presidents. Jessica Waters, a professor of reproductive rights law at American University, explained that while the FDA has enforcement authority, the decision to ignore a ruling would have consequences. The Department of Justice has already filed an appeal, and a judge in Washington issued a contradictory ruling, further complicating the situation.
The ruling in Texas, issued by a Trump-appointed judge, halted FDA approval of mifepristone, which is a common method of abortion in the U.S. An Obama-appointed judge in Washington issued a conflicting ruling, setting the stage for a potential Supreme Court review, marking the first major abortion case after the high court’s overturning of the constitutional right to abortion last summer.
As of now, mifepristone remains available for at least seven days after the ruling, as the Department of Justice seeks a temporary stay and plans to appeal the decision. Ocasio-Cortez warned that if the Supreme Court upholds the ruling, it would essentially institute a national abortion ban, and she left open the possibility of pushing back against what she sees as judicial tyranny and overreach.
The situation remains complex and contentious, with legal, political, and ethical implications. The Biden administration’s response to the ruling and whether they will ignore it or not remains to be seen, as the issue continues to evolve and potentially heads towards the Supreme Court.
Source: usatoday.com