‘That’s BIG Speculation!’ Biden HHS Chief Refuses To Rule Out Ignoring Trump Judge Abortion Ruling On CNN SOTU
Secretary of the Department of Health and Human Services Xavier Becerra pushed back on CNN anchor Dana Bash’s hypotheticals but refused to rule out “ignoring” a federal court decision on the abortion pill.
Federal Judge Matthew Kacsmaryk of the U.S. Northern District of Texas ruled Friday to suspend FDA approval of mifepristone, a drug used to perform medication abortions, effective one week hence in order to allow time for an appeal. The ruling has generated blistering criticism and backlash.
On Friday night’s edition of CNN’s Anderson Cooper 360, told anchor Anderson Cooper “I believe that the Biden administration should ignore this ruling.”
On Sunday morning’s edition of CNN’s State of the Union, Bash asked Becerra a raft of hypotheticals, including whether the administration would follow AOC’s advice. Becerra resisted the “speculation” but said “Every option is on the table”:
BASH: What happens if the ban is upheld? Will this drug disappear from the market overnight?
BECERRA: So, that’s — Dana, that’s big speculation.
First and foremost, 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.
If a judge decides to substitute his preference, his personal opinion for that of scientists and medical professionals, what drug isn’t subject to some kind of legal challenge? So we have to go to court.
And, for America’s sake and for women’s sake, we have to prevail in this.
BASH: My next guest, Democratic Congresswoman Alexandria Ocasio-Cortez, thinks that the FDA should just ignore the Texas judge’s ruling. And you know she’s not alone.
I’m sure you have seen some legal experts argued the FDA does have broad discretion to simply choose not to enforce a ban and allow the drug to remain on the market. So, yes or no, as the HHS secretary, do you want the FDA to enforce the Texas ruling if it is upheld in the short term?
BECERRA: Yes or no, we want the courts to overturn this reckless decision. Yes or no, we want yes that women continue to have access to a drug that’s proven itself safe.
Millions of women have used this drug around the world, more than 60 countries.
(CROSSTALK)
BASH: But what if they don’t act in the interim before you get to that point?
BECERRA: I got to believe that, Dana, an appeals court, the Supreme Court, whatever court has to understand that this ruling by this one judge overturns not just access to mifepristone, but possibly any number of drugs.
BASH: What if they don’t?
BECERRA: That’s speculation that I think is not worth engaging in.
BASH: But are you taking it off the table that you will recommend the FDA ignore a ban?
BECERRA: Everything is on the table. The president said that way back when the Dobbs decision came out. Every option is on the table.
BASH: So I want to ask about the Supreme Court, because you obviously see this. You hope that you win an appeal. It will likely go to the Supreme Court. Do you agree with that?
BECERRA: Good chance.
BASH: So how worried are you that this court, conservative majority in the United States Supreme Court, will agree with the Texas judge?
BECERRA: If the role of judges of justices is to apply the law to the facts and the evidence, the facts and the scientific evidence are that mifepristone is not just safe, but it’s effective and it was properly approved.
And so I don’t care who the nine justices are on the Supreme Court or any court of appeal. They should be able to discern the difference between inserting their personal judgment and using the facts and evidence to make a legal ruling.
BASH: Do you feel confident that could happen with this court?
BECERRA: I do. But I’m not on the courts. And, certainly, I’m not on that court where that Texas judge decided to turn upside down the whole process that FDA has used for years for many drugs.
BASH: We are now in a period of uncertainty, like this week. What’s your message to women and to medical providers who want to get this drug and use this drug?
BECERRA: This is not America. What you saw by that one judge in that one court, in that one state, that’s not America.
America goes by the evidence. America does what’s fair. America does what is transparent and we can show that what we do is for the right reasons. That’s not America. crisis.
Watch above via CNN’s State of the Union.
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