Reacting to a late afternoon ruling by Donald Trump-appointed Judge Matthew Kacsmaryk that would ban the use of mifepristone for nonsurgical abortions, attorney Shan Wu appeared on CNN to call the legal reasoning behind the controversial ban "very weak" and held out the hope that President Joe Biden could issue an executive order that would overrule it.
Speaking with the CNN hosts, the legal expert explained, "He really substituted his judgment for the FDA. And not only did he substitute his judgment for their scientific expertise, but he also did it in a legal posture that is particularly ridiculous."
"I mean, he is ruling in a preliminary injunction," Wu continued. "It is a very high bar to get the injunction, he needs to find that there is irreparable harm as well as a likelihood of successful merits and when you look at this drug that has been safely used for 20-plus years, it's very hard to understand how there can be any immediate, irreparable harm."
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"I mean, he is substituting his judgment and he feels the FDA didn't take into account psychological harm to women after they've had a medically induced abortion, obviously ignoring the psychological harm of women being denied access to healthcare," he added. "Most troubling of all, to me, as a lawyer looking at it, is he reaches back to the 19th century to pull out a law which has been completely dormant. The Comstock Act, which was meant to address vile, obscene, lewd criminal behavior. I mean, it reads like something out of the Dickens era, and he uses that saying that that was still on the books and therefore it could prohibit the mailing of any drugs that could be used for abortion, even though the Justice Department specifically issued a memorandum after Dobbs saying that that law would not stop the mailing of this particular drug."
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CNN 04 08 2023 07 05 08 youtu.be