Tag: pickle

  • Dueling abortion pill rulings put Biden administration in legal pickle

    Dueling abortion pill rulings put Biden administration in legal pickle

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    Also on Monday, DOJ and a drug company that makes mifepristone asked a federal appeals court to freeze the ruling of the Texas-based judge, Matthew Kacsmaryk. He has put his ruling on hold until this Friday, but the government and the drug company want the appeals court to keep it on hold while they pursue their appeals.

    The legal turmoil caused by the rival decisions may ultimately need to be resolved by the Supreme Court, which eliminated the constitutional right to abortion 10 months ago.

    Kacsmaryk, an appointee of President Donald Trump, acted in a lawsuit filed by anti-abortion medical groups that claimed the FDA broke the law when it approved mifepristone for abortion in 2000 and recently expanded access to the drug.

    Kacsmaryk’s ruling appears to be the first time that a court has invalidated an FDA drug approval. If the ruling takes effect, selling the drug would become a criminal offense nationwide.

    The Justice Department immediately appealed Kacsmaryk’s ruling on Friday night, even as some prominent Democrats — and at least one Republican — called on the administration to ignore the ruling. The administration suggested that step is premature and signaled that it would work through the appeals process for now.

    It did just that on Monday, following up its notice of appeal with a 49-page emergency motion asking the conservative-leaning 5th U.S. Circuit Court of Appeals to keep the ruling on hold.

    “If allowed to take effect,” DOJ said in its motion, Kacsmaryk’s ruling “will irreparably harm patients, healthcare systems, and businesses.”

    In a similar filing, drug maker Danco, which produces the brand-name version of mifepristone, called Kacsmaryk’s ruling “an extreme outlier” and contended he bent “every rule” to reach it. The company also said that Rice’s ruling indicates that Kacsmaryk’s decision went too far and should be blocked.

    “The public is understandably confused by these two orders, issued the same day,” the company’s lawyers wrote. “Staying the nationwide injunction that alters the status quo would avoid creating an unnecessary judicial conflict.”

    The 5th Circuit gave the anti-abortion groups who brought the lawsuit against the FDA until midnight Central Time on Tuesday to respond to the requests from the Justice Department and Danco to block Kacsmaryk’s order while the appeals are heard.

    Rice, who was appointed by former President Barack Obama, issued his ruling in a case brought against the FDA by blue-state attorneys general who want to further loosen the agency’s restrictions on how mifepristone can be dispensed. Rice ordered the FDA to maintain current access to the drug in 17 states and the District of Columbia, the plaintiffs in the case.

    Technically, the two rulings may not be incompatible. Kacsmaryk’s ruling is framed as a “stay” of the FDA’s approval of mifepristone — an order that would subject Danco and others to a risk of criminal liability but does not actually direct the FDA to do anything. So, it’s possible that the agency could comply with both by doing nothing at all.

    But the rulings have created sufficient uncertainty that the Justice Department asked Rice on Monday to fast-track the government’s request for clarification about how the two rulings interact.

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    ( With inputs from : www.politico.com )

  • Biden faces a Chicago mayoral race pickle

    Biden faces a Chicago mayoral race pickle

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    Sen. Tammy Duckworth (D-Ill.) supported Chicago Mayor Lori Lightfoot in last week’s election but hasn’t announced anything about the April 4 runoff. Illinois Democratic Gov. JB Pritzker and Sen. Dick Durbin haven’t weighed in on the race at all.

    Some in the party say neither option is particularly compelling.

    “Most Democrats look at the two choices and in an extreme sense they are choices between a Republican and a socialist,” said Pete Giangreco, a Democratic strategist and veteran of Illinois politics. ”There’s not a Joe Biden mainstream Democrat running for mayor of Chicago.”

    The race to oust Lightfoot focused almost entirely on the city’s crime. And out of a field of nine candidates, Chicagoans last week picked Paul Vallas, a police union-backed former Chicago Public Schools executive, and Brandon Johnson, a progressive Cook County commissioner who has praised the “defund the police” movement.

    Vallas has also been dogged by his past statements opposing abortion rights and his basic credentials of declaring himself a Democrat while some voters are turned off by the support Johnson is getting from the Chicago Teachers Union.

    “Paul Vallas will say he’s a lifelong Democrat and Brandon Johnson will say the same thing. But that’s not what their records would show,” Giangreco added, comparing the dilemma confronting politicians to one facing many Chicago voters who don’t yet identify with either option. “There’s nobody who meets their politics who made the runoff.”

    Neither Duckworth nor Durbin’s teams would say who or even if their bosses will endorse. Democratic Rep. Mike Quigley, who represents a portion of Chicago, said he’s “not sure” who he’ll support. And Pritzker, like the others, wants to see the race further play out.

    For Biden, Chicago’s mayoral contest could influence his own political future, beyond setting a message about the party’s larger approach to policing and big-city crime. Chicago is a finalist for the 2024 Democratic National Convention. Both Vallas and Johnson have said they would support the convention in Chicago. But as Biden nears a decision to run for reelection, he’ll have to factor how their records might prod divisions in the party and how easily Republicans can weaponize the politics.

    There was a chance the president might’ve endorsed in the mayor’s race in Chicago, where Biden’s blessing would have been a bigger coup than in Los Angeles given it’s home to former President Barack Obama. The president’s advisers had been in contact with Lightfoot’s campaign as well as others leading up to last week’s election and her team specifically asked for his endorsement, according to a person familiar with the conversations.

    Vallas has yet to face the kind of sustained attacks on his ideology that Bass’ opponent in the race — wealthy developer Caruso, a former longtime Republican — did.

    And even the appearance of Biden wading in could help.

    Johnson traveled to Selma, Ala., over the weekend for an event commemorating “Bloody Sunday.” Johnson didn’t secure an endorsement, but he had a “brief discussion,” according to a person close to the campaign. Johnson was introduced to him by Rep. Jonathan Jackson (D-Ill.).

    A few national figures are stepping up. Reps. Jim Clyburn, who’s fundraising for Johnson, and Jan Schakowsky are expected to endorse Johnson, the person knowledgeable about the campaign said.

    As the candidates prepare for their first debate Wednesday, Biden himself is taking steps to appear stronger on crime.

    He has already called for tens of billions of dollars to bolster law enforcement and crime prevention and is expected to seek more in his budget blueprint this week. Last week, Biden said he would not veto a GOP-backed bill to repeal changes local Washington, D.C., lawmakers approved to lower certain criminal penalties.

    Congressional Republicans need to “commit here and now to joining with President Biden — not obstructing him — in fighting the rising crime rate he inherited,” Biden spokesman Andrew Bates said in a statement.

    “They should forcefully condemn their colleagues who are calling for defunding the FBI and the ATF,” Bates said. “And they need to get with the program on gun crime by finally dropping their opposition to an assault weapons ban. … This isn’t a game, it’s life and death.”

    In Chicago, Vallas’ push for stronger policing resonated with voters even as he took criticism in the deep-blue city for his ties to conservative-leaning outfits like Chicago’s Fraternal Order of Police. He wants to see hundreds more police officers on the street, a view Lightfoot and other candidates swung to ahead of the first round of the election.

    “Defund is an issue,” said Ron Holmes, a political strategist in Illinois who has worked on several statewide campaigns. “But palling around with certain members of the FOP is an issue too, and therein lies the problem: They are both going to paint each other as extremists. So for those of us that didn’t vote for either during the first round, it’s critical that we have a substantive campaign to see who will govern on behalf of the majority of Chicagoans.”

    Johnson, who is Black, has said his policy platform does not support defunding the police and instead calls for training and promoting 200 detectives. But his previous comments — including that “defund” isn’t just “a slogan. It’s an actual real political goal” — has spooked some national figures.

    “They’re going to have to articulate and direct their message,” Pritzker said of Johnson and Vallas last week. “What is their primary message? And [is it] going to be, you know, focused on what are they going to do about education? What are they going to do about health care? What are they going to do about public safety? What are they going to do about creating jobs? Those are all important things that I don’t think have been fully fleshed out by either one of those candidates.”

    Outside of the debate about public safety, Vallas’ team has sought to highlight past support he’s earned from Democratic stalwart organizations, including groups that advocate for abortion rights and same-sex marriage.

    Aides to Vallas, who is white, argue that his close associations and prior work with well-known Chicago Democrats will diffuse concerns about his political affiliation. And endorsements like the one he got last week from former Secretary of State Jesse White — who is Black, and long considered the most popular Democrat in Illinois — will do more to help him win than touting national figures, Biden included.

    “What we are focused on is the local support that’s growing everyday and it’s pretty diverse across the city,” said Joe Trippi, a Democratic strategist and adviser to Vallas.

    Trippi added, the “defund” charges against Johnson should repel Democrats from closing ranks around him. “You do have someone who has talked about defunding and I just don’t know why any national people would get into that debate,” he said.

    Jackson, who has also endorsed Johnson, acknowledged that Johnson needed to find a good answer to accusations from the right.

    “He’ll have to make it clear, the spirit of it versus the actual words,” Jackson said in an interview. “Everyone knows we need safer streets. The spirit of it is to put more money into academic programs. In the short-term, we need to make sure we’re solving crimes. He stands for that.”

    There are issues that extend beyond crime and personal loyalty, and race is playing out in the contest a well. And now, Vallas and Johnson are both trying to attract voters and endorsements from the establishment Black wards that supported Lightfoot.

    Illinois Reps. Danny Davis and Delia Ramirez also have endorsed Johnson, but Trippi argued that the former secretary of state’s backing is “far more important than any national figure.”

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    ( With inputs from : www.politico.com )