This is what it feels like to be in a constitutional crisis.
that his ruling bound the FDA “irrespective of” decisions from Kacsmaryk or the 5th Circuit—creating a direct conflict between the two orders. Rice’s order hasn’t reached the Supreme Court yet, but if the justices want to spare the FDA from having to choose between two mutually exclusive injunctions, they’ll have to stay the 5th Circuit decision.. Different courts are effectively forcing the FDA to break the law by choosing which injunction to follow. That situation is not tenable.
It could. Part of the problem here is that the 5th Circuit does not understand how FDA regulations work. The 5th Circuit made it sound like courts could simply resuscitate old barriers to access, but the process is far more complicated than that. To comply with these restrictions, mifepristone’s manufacturer
revise its labels, recertify providers, and submit a supplemental drug application for approval—all of which could take months. In the meantime, mifepristone might theoretically remain unapproved.the complex regulatory process that Congress required for the imposition of new restrictions on an FDA-approved medication. Nor do they have theover the regulation of drugs.
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