'If RepNancyMace supports abortion pills, she should propose an abortion-pill legalization law instead of telling the executive branch to make its own law and ignore federal courts.' -TPCarney
The Constitution vested the power to make laws in Congress, which is the most democratically elected branch of government. The executive branch, with a couple of exceptions, does what Congress says. And since Marbury v. Madison, the federal court system has had the role of determining when the executive is doing something it’s not allowed to do.
Republican Congresswoman Nancy Mace of South Carolina seems pretty confused about all of this. She went on CNN to discuss the federal court ruling that the FDA didn’t follow the law when it approved the abortion pill in 2000. Republican @NancyMace says she believes the FDA should ignore the Texas judge’s ruling. “This is an FDA approved drug. Whether you agree with its usage or not, that's not your decision. That is the FDA’s decision.” pic.twitter.
One of the central points in the circuit court opinion was that the FDA used an expedited process when the law didn’t allow an expedited process. If the FDA does stuff that Congress hasn’t authorized the FDA to do — such as rush through the approval of a drug that doesn’t treat a disease under a law for drugs that treat diseases — then it is the job of the federal courts to say, “No, you can only do this if Congress says you can.
The irony is that Mace is actually in Congress. If she wants the FDA to have the power to do rush-approval of abortion drugs, she could propose a law saying that. Heck, she could propose a law saying that the abortion pill is legal, regardless of what the FDA says.So it’s extra weird for her to assert that the FDA actually has lawmaking power that is not checkable by democratically elected members of Congress.
Of course, Congress has been ceding its authority to the executive branch for decades, with war powers being the most glaring example, although this also includes taxing powers. If Congresswoman Mace supports abortion pills, she should propose an abortion-pill legalization law instead of telling the executive branch to make its own law and ignore federal courts.
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