Opinion: Will the Texas judge's abortion overreach be matched by the Supreme Court? (via latimesopinion )
Abortion pill ruling: A federal judge in Texas halts FDA’s approval of mifepristone, an abortion medication. But another judge contradicts the ruling.It’s not as if the court can be held accountable. Kacsmaryk, likewise, has no obvious reason to worry that an activist opinion will be held against him in any meaningful way.
When Dobbs vs. Jackson Women’s Health Organization overturned Roe, Justice Brett M. Kavanaugh wrote a concurring opinion. In it, he promised that the court would be scrupulously neutral on abortion, treating any case on the matter with the utmost seriousness. Kacsmaryk evidently believes Kavanaugh’s promise is meaningless. One thing is clear: Together with Kacsmaryk’s decision, the conflicting ruling from Rice has given the FDA clashing orders and created a crisis that, eventually, the U.S. Supreme Court will have to resolve.
Kacsmaryk’s ruling reads like it was written by someone already sure of a high court win. Soon enough, we will learn if that assumption is right. Mary Ziegler is the Martin Luther King Jr. professor at UC Davis School of Law and author of “Roe: The History of a National Obsession.”
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