Health and Human Services Secretary Xavier Becerra said the Biden administration is leaving its options open in its defense of a federal judge’s ruling last week to ban abortion medication mifepristone.
Health and Human Services Secretary Xavier Becerra said the Biden administration is leaving its options open in its defense of a federal judge’s ruling last week to ban abortion medication mifepristone, the most commonly used method of abortion nationwide – even as some Democrats are urging the federal government toHealth and Human Services Secretary Xavier Becerra said the Biden administration is leaving its options open in its defense of a federal judge’s ruling last week to ban abortion...
“Everything is on the table. The president said that way back when the Dobbs decision came out,” Becerra said on CNN’s “State of the Union” on Sunday, calling the ruling a “reckless decision.” But Becerra was reluctant to say if the administration would ignore the ruling if it took effect next week, something that prominent Democratic lawmakers have called for, including Rep. Alexandria Ocasio-Cortez, D-N.Y., and Sen. Ron Wyden, D-Ore.
But on Friday, a Texas federal judge put a hold on the FDA’s approval of the medication, set to go into effect after seven days. In quick succession, a federal judge in Washington state made an opposite decision Friday, ordering the administration not to make any changes that would restrict access in 17 Democratic states.
Ocasio-Cortez explained, in her view, the FDA should ignore the ruling under the precedent of “agency nonacquiescence,” a controversial practice where federal agencies can disregard court rulings that contradict the agency’s interpretation of judicial precedent. In a statement after the ruling Friday, President Joe Biden said the decision is “the next big step toward the national ban on abortion” and vowed to fight it in court. The Department of Justice has filed an appeal.
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