The U.S. Supreme Court formally opens a new term on Monday, with all manner of political lightning rods already on its docket, or on their way.
"The 5th Circuit is ready to adopt the politically most conservative position on almost any issue, no matter how implausible, and no matter how much defiance of precedent it takes," says Irv Gornstein, director of the Georgetown University Supreme Court Institute, who refers to some of the 5th Circuit rulings as coming from"crazy-town." It"would be be shocking if at least some of those decisions are not reversed," he adds.
But the 5th Circuit overrode key portions of the FDA approval. Now Danco Laboratories, maker of the drug, and the Biden administration are asking the Supreme Court to reverse the 5th Circuit decision. They say that if the lower court ruling is upheld, it would dramatically cut back access to the abortion pill in every state in the country, regardless of whether abortion is legal or illegal in the state.
All could have major consequences for other agencies. Take the CFPB case, for example. The 5th Circuit struck down the agency's funding mechanism as unconstitutional because the agency gets its money from fees paid to the Federal Reserve Board. Congress put that funding mechanism into law when it created the agency in 2010. The 5th Circuit, however, said the agency had to be funded by annual congressional appropriations.
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