Ed-vise: Admin Law

A new baby GOOD MORNING!!! to you all! Yup, “College” brought her new born over yesterday! Good looking kid. Too young to realize what he has in all that hair on his head. Damn shame. Hair is wasted on the young!

Think About it Thursday Ed-vise today. Cause it’s THURSDAY! Time to THINK!

Talking a bit about the recent rulings coming out of two federal courts. One in Texas, one in Seattle.

Now, when federal courts make decisions, they can impact the whole country. Especially when they make a ruling regarding an administrative agency such as the FDA.

Administrative law, as taught in law school, is probably the most BORING topic ever offered. It is not made entertaining because Congress does not want a bunch of people closely analyzing how administrative law works.

This area of law was, in one Supreme Court case, referred to as the fourth, unregulated arm of government. Totally true.

See, Congress has no way of being able to make rules and regulations around everything that goes on in Good Ol’ ‘Murica. So, they set up administrative agencies. Agencies like OSHA, FDA, EPA, and the different departments like Education, Defense, etc.

Many of these agencies are given “rulemaking authority.” That is the ability to make rules that govern our day to day lives without having to go through Congress and being signed by the President. These administrative agencies have A LOT of power. A-LOT!

Many of the rules made have to do with how the agency operates. In the FDA case, the challenge related to how the FDA approves a drug for distribution to the public.

The self-righteous, hypocritical, evangelical judge out to Texas (yes, these type judges piss me off), decided that the FDA stepped outside of it’s own rules in allowing the drug, mifepristone, to go public. Something to do with lack of adequate testing. That being his opinion, he said FDA must stop approving distribution of this drug.

Judge in Seattle, also a federal judge, said FDA MUST approve distribution of the drug. Basically a counter opinion to the Taliban of Texas judge ruling.

So, now what.

Whenever their are contrary rulings like this, they quickly go up to the Supreme Court. Now, based on prior rulings regarding administrative agencies (not just the FDA), the Court has been very much hands off. Reason being the agency was created by Congress and the President. It is up to them to figure out how to regulate these entities. The Court doesn’t want to end up making rules for these agencies.

However, the Court is stacked with a couple of similar mindset judges as the Taliban. Add to that these same judges, despite their so called “Christian beliefs” are outright liars. So they may very well go against the judicial precedence of allowing administrative agencies to do their thing.

Some Ed-vise for the company that makes mifepristone: You can BUY Justice Thomas’s vote!

OOOOOOOOOOOH!

I’m just saying

That’s it for today. Be the person a stranger will do CPR on. Check in on each other and remember when a cruise ship is sick, it goes to…THE DOCK! BWAHAHAHAHHAHHA…That’s a doctor joke!

Peace

Published by edhlaw

Son, husband, father, uncle, nephew, cousin

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