Tipsheet

Is the Biden Administration About to Ignore a Federal Court Ruling?

The Biden administration is panicking over how to handle a ruling from U.S. District Judge Matthew Kacsmaryk late last week which revoked the FDA approval for mifepristone, the pill used for abortion. According to a 67-page ruling,  Kacsmaryk "argued that the FDA failed to evaluate the psychological and long-term medical effects of the abortion pill, which the agency had previously stated were safe and effective." The ruling goes into effect later this week unless there is an appeal from the Biden administration, which will no doubt be filed. 

"When you think about mifepristone, this is something that's been -- this is a drug that's been around for two decades. This is a drug that is -- that is used in 60 other countries.  Again, this is something that is an FDA authority," White House Press Secretary Karine Jean-Pierre said ahead of the ruling Friday afternoon. "We're going to prepare for all the different range of scenarios -- that's what I can promise the American people; that's what I can say here -- to ensure that the access to this drug for women -- that women have this access to this drug."

Fast forward to Sunday and Health and Human Service Secretary Xavier Becerra, an abortion fanatic, wouldn't rule out the administration ignoring Kacsmaryk's decision altogether.  

"Everything is on the table. The president said that way back when the Dobbs decision came out. Every option is on the table," Becerra said during an interview with CNN. "An appeals court, the Supreme Court, whatever court has to understand that this ruling by this one judge overturns not just access to mifepristone, but possibly any number of drugs."

Meanwhile, prominent Democrats are urging President Biden and HHS to ignore the ruling.