RT @JoePostingg
It's so cool that a district judge can stay a 20 year old FDA approval because it makes him sad. We should have a random judge in California order the Treasury to pay all medical bills.
Here's the opinion laying out the reason for the stay.
If the laws about FDA procedure, leading to the stay, need to be fixed, then let's get on it.
@kcarr2015 @volkris @CGHildebrandt I doubt it, I think it's more likely to be because women are systemically infantilized. Giving this med. to birth professionals to hand out (w/ availability say of Viagra), it'd be a good thing for women's health overall. Pple would be able to keep it on hand as it's normal to need it exactly at the moment that we find out that we need it (at 5 & a half to 6 weeks), if it takes 2 weeks to get your hands on it the risks go up considerably or you can't take it.
The issue is that the way the US legal system is set up, judges don't really have to option of ignoring law just because they think it's a good thing.
Or a bad thing.
It's a sword that works both ways: because we don't want judges doing bad things outside of law, that means we also can't give them the freedom to do good things outside of law.
Well, it's Occam's Razor.
The simpler explanation is just that the court is following through on its simple legal mandate of pointing it out when agencies in power are in violation of the law.
And again, if the laws are bad laws, then this is how WE call for the laws to be revised. I think that's so important.
If 21 U.S.C. § 355 needs to be changed to allow the FDA's actions, let's get to it!
Maybe so, but the issue is that the FDA was legally required to respond. No matter how hard the eyerolling is, well, that's how Congress laid out the rules of the road, and failure to follow the legal rules leads to exactly this sort of situation.
Again: YES let's revisit those rules and decide if they need to be changed.
We need to highlight the legal rules at issue so we can call for statutory reform.
@CGHildebrandt
@volkris @CGHildebrandt One of the reasons sited in the ruling was the FDA diddly dallied in responding to plaintiffs for years, and I can just imagine the FDA specialist rolling their eyes at the sheer silliness of the complaint and shoving it down the priority list of things they have to do.🤦♂️