Rep. Nancy Mace, RS.C., joined Democrats on Monday in calling on the Biden administration to ignore a Texas judge’s ruling on the abortion medication known as mifepristone, declaring the court’s decision as ” unconstitutional” was declared.
Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas ruled late Friday that the Food and Drug Administration’s (FDA) approval of mifepristone was illegal, a decision that effectively banned the sale of the drug. But the issue became a legal quagmire when the Texas ruling was followed within hours by a conflicting Washington state court decision ordering the FDA to maintain availability of the drug.
On CNN Monday, Mace said she agrees with Democrats who say Biden should ignore Texas’ decision: “It’s not for us to decide as lawmakers…whether this is the right drug to use or not, No. 1, so I agree to ignoring it at this point.”
Asked by Fox News Digital why she thinks the FDA should overrule the Texas ban, Mace said the decision was illegal because the judge based his decision on an invalid law.
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Rep. Nancy Mace, RS.C., spoke to Fox News Digital about why she opposes a Texas federal judge’s ruling banning some type of abortion pill. (Tom Williams/CQ-Roll Call Inc. via Getty Images / File)
“I disagree with the statement,” she said. “The judge used a law from 1873, which the Supreme Court found unconstitutional in 1983. And so the whole basis for the ruling was, I would say, unconstitutional in that regard.”
She took it a step further in a separate interview with Fox News Digital, accusing her fellow Republicans of being “on the wrong side of history” on abortion rights, clarifying that she is pro-life.
Mace declined to say whether she was concerned that ignoring the Texas judge would set a dangerous legal precedent. But she did say such decisions are being made, pointing to Missouri officials in one county who issued an ordinance to sever ties with the Bureau of Alcohol, Tobacco and Firearms (ATF) after claiming the body was unconstitutional.
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“Look at Camden County in Missouri. I mean they’re ignoring the ATF and saying they’re unconstitutional,” Mace said. “Both sides are fighting things they believe are unconstitutional.”
Xavier Becerra, Secretary of Health and Human Services (Kevin Dietsch/Getty Images/File)
“Both sides are fighting things that they believe are unconstitutional,” she added. “If it’s good for one side, it should be good for both sides. And I think that’s what we’re missing here in this discussion.”
“The other thing we also miss is that (Republicans) are not on the right side of history, if we are going to take the extreme position on this issue, because the vast majority of Americans are not with us. about that. They just aren’t,” said the moderate GOP legislator.
On Monday, the Biden administration stepped up its fight against the Texas ruling by filing for a stay of the order backed by the FDA and Health & Human Services Secretary Xavier Becerra.
Several Democrats spoke out in favor of that decision. Rep. Alexandria Ocasio-Cortez, DN.Y., and Senator Ron Wyden, D-Ore. the judicial power.
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Sen. Josh Hawley, R-Mo., told Fox News Digital that “the left continues its assault on the rule of law.” (Kevin Dietsch/Getty Images/File)
“The left continues its assault on the rule of law,” Sen. Josh Hawley, R-Mo., told Fox News Digital. “Whether it’s busting the Supreme Court, indicting the former president on flimsy charges, or urging the government to ignore a federal judge’s ruling, the left has made it clear that they have contempt for the rule of law. and care only about power.”
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R-Texas Senator John Cornyn compared the Democrats who led the demand to the Southern Democrats of the last century who opposed the civil rights movement.
“Like the Southern anti-civil rights Democrats in the 1950s, progressive Democrats today are demanding that a federal agency override a legal ruling they don’t like,” the Texas conservative wrote on Twitter.