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Business & Practice
Health and Human Services Secretary Xavier Becerra
Photographer: Greg Nash/The Hill/Bloomberg
April 9, 2023, 2:13 PM


BECERRA SAYS ‘EVERY OPTION’ BEING WEIGHED AFTER ABORTION RULING

By Victoria Cavaliere and Laura Litvan

Victoria Cavaliere


Laura Litvan
Bloomberg News

Share To:Facebook
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 * Biden administration has already appealed ban of mifepristone
 * Democratic lawmakers urge White House to ignore ruling

The Biden administration is weighing every option to strike down a “reckless”
ruling by a federal judge in Texas that suspended a US approval of a key drug
used in medication abortions, Xavier Becerra, the Secretary of Health and Human
Services, said on Sunday.

The administration has already filed an appeal, Becerra said on CNN’s “State of
the Union.”

He said that ignoring the Trump-appointed judge’s ruling, as some Democratic
lawmakers have suggested, is another possibility.

“Every option is on the table,” he said. “It’s incumbent upon us as a country to
make sure women have safe and effective medication available.”

Abortion rights advocates gather in front of the J Marvin Jones Federal Building
and Courthouse in Amarillo, Texas, on March 15.
Photographer: Moises Avila/AFP/Getty Images

Becerra said the US District Court judge’s decision to suspend the decades-old
federal approval of mifepristone, used often as part of a two-pill regimen to
terminate a pregnancy within the first 10 weeks, was judicial overreach and
endangers the entire drug approval process by the Food and Drug Administration.

“When you turn upside down the entire FDA approval process, you’re not talking
about just mifepristone. You’re talking about every kind of drug. You’re talking
about our vaccines. You’re talking about insulin. You’re talking about the new
Alzheimer’s drugs that may come on,” he said.

Read More: Abortion Pill to Be Blocked Nationwide Under Judge’s Order

The decision out of Texas from Judge Matthew Kacsmaryk will not go into effect
for seven days from the time of the ruling, giving the Biden administration time
to appeal to the New Orleans-based 5th US Circuit Court of Appeals, considered
one of the most conservative in the country.

Representative Alexandria Ocasio-Cortez, a progressive Democrat from New York,
said on CNN that the Biden administration should ignore the ruling, arguing
there’s “an extraordinary amount of precedent” for doing so.

“The courts rely on the legitimacy of their rulings,” Ocasio-Cortez said. “When
they make a mockery of our system, a mockery of our democracy and a mockery of
our law, as what we just saw happen in this mifepristone ruling, then I believe
the executive branch, we know that the executive branch, has an enforcement
discretion.”

Kacsmaryk’s Friday ruling was almost immediately contradicted by a
Democratic-appointed judge in Washington State who affirmed the FDA’s approval
of mifepristone and blocked the government from restricting access.

The competing orders just minutes apart signal the issue is almost certainly
bound for the US Supreme Court, potentially setting up another politically
seismic ruling a year after the high court’s conservative majority overturned
Roe v. Wade.

Read More: Justice Thomas’s Travels Highlight Gaps in Disclosure Rules



To contact the reporters on this story:
Victoria Cavaliere in New York at vcavaliere3@bloomberg.net;
Laura Litvan in Washington at llitvan@bloomberg.net

To contact the editors responsible for this story:
Shiyin Chen at schen37@bloomberg.net

Ian Fisher, Alan Goldstein

© 2023 Bloomberg L.P. All rights reserved. Used with permission.

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RELATED STORIES

Abortion Pill to Be Blocked Nationwide Under Judge’s Order (3)
April 8, 2023, 5:29 PM
Biden Administration Vows to Fight Texas Abortion Pill Ruling
April 8, 2023, 3:23 AM
What Is Mifepristone and Why Is It Being Banned in the US?
April 8, 2023, 12:00 AM
Judge Maintains FDA Abortion Pill Access in Certain States (2)
April 7, 2023, 11:49 PM

TOPICS

 * abortion
 * vaccines
 * drug approval process

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All Rights Reserved
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