Actually this case was a two-pronged attack; first on mifepristone, but more broadly about whether federal agencies have the authority to conduct regulatory actions without express and specific direction and permission from Congress.
Republicans have been attacking this fundamental function of the Executive branch for a while now, as a way to kill regulations. They know that Congress is deadlocked over many issues and that it will never or rarely pass highly specific and technical regulations (e.g. environmental regulations, water quality standards, manufacturing safety regulations, communications rules, etc), and when it rarely does it takes years to do so, which will allow companies to do all sorts of horrible shit in the meantime.
This case was brought on the grounds that the FDA didn’t have the authority to authorize mifepristone without express congressional direction.
This was a huge relief, because much more than just access to contraceptives was on the table.
So a technicality, lack of standing rather than rejecting it on merit. Hard to call it a resounding win, but it’s something.
Actually this case was a two-pronged attack; first on mifepristone, but more broadly about whether federal agencies have the authority to conduct regulatory actions without express and specific direction and permission from Congress.
Republicans have been attacking this fundamental function of the Executive branch for a while now, as a way to kill regulations. They know that Congress is deadlocked over many issues and that it will never or rarely pass highly specific and technical regulations (e.g. environmental regulations, water quality standards, manufacturing safety regulations, communications rules, etc), and when it rarely does it takes years to do so, which will allow companies to do all sorts of horrible shit in the meantime.
This case was brought on the grounds that the FDA didn’t have the authority to authorize mifepristone without express congressional direction.
This was a huge relief, because much more than just access to contraceptives was on the table.