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Opening Arguments

OA722: Right-Wing Judge Appointed to the Bench to Ban Abortion... Bans Abortion

Apr 10, 2023
53:50

Today, Liz and Andrew break down Judge Matthew Kacsmaryk's late-night Friday stay order that essentially overrules the FDA and removes mifepristone (the abortion pill) from the list of approved drugs.

How bad is it? Is a parallel decision from a federal court on Washington part of the solution? What's next?  Listen and find out!

Notes OA 707 on Kacsmaryk https://openargs.com/oa707-peter-navarro-gets-spanked-by-government-in-presidential-records-case-with-major-implications-for-trump/

Kacsmaryk Order  https://storage.courtlistener.com/recap/gov.uscourts.txnd.370067/gov.uscourts.txnd.370067.137.0_14.pdf

Washington v. FDA https://storage.courtlistener.com/recap/gov.uscourts.waed.102225/gov.uscourts.waed.102225.80.0.pdf

United States v. One Package https://scholar.google.com/scholar_case?case=14734857310809857501

FDA on REMS https://www.fda.gov/drugs/drug-safety-and-availability/risk-evaluation-and-mitigation-strategies-rems

FDA on unapproved drugs https://www.fda.gov/drugs/enforcement-activities-fda/unapproved-drugs

Comstock Act, 18 U.S.C. § 1461 https://www.law.cornell.edu/uscode/text/18/1461

5 U.S.C. § 705 https://www.law.cornell.edu/uscode/text/5/705

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