Mace calls Texas mifepristone ruling ‘unconstitutional’, GOP says on ‘wrong side of history’ on abortion

Rep. Nancy Mace, RS.C., on Monday joined Democrats in calling for the Biden administration to ignore a Texas judge’s ruling on the abortion drug known as mifepristone, calling the court decision “unconstitutional.”

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 unlawful, a decision that effectively banned the drug from sale. But matters became a legal quagmire when the Texas ruling was followed within hours by a conflicting Washington state court decision, urging the FDA to maintain the drug’s availability.

On CNN Monday, Mace said she agrees with Democrats saying Biden should ignore Texas’ decision: “It’s not up to us as lawmakers to decide … whether or not this is the right drug, #1, so.” I agree to ignore it at this point.”

When asked by Fox News Digital why she thinks the FDA should overturn the Texas ban, Mace said the decision was illegal because the judge based his decision on an invalid statute.

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“I disagree with the verdict,” she said. “The judge used an 1873 statute that the Supreme Court held in 1983 to be unconstitutional. And so the entire basis for the judgment was, I would argue, unconstitutional in that regard.”

In a separate interview with Fox News Digital, she went a step further, accusing her fellow Republicans of being “on the wrong side of history” on abortion rights and clarifying that she is pro-life.

Mace declined to say if she was concerned that ignoring the Texas judge would set a dangerous precedent. However, she said these kinds of decisions are made, pointing to officials in one Missouri county who issued an executive order to sever their ties with the Alcohol, Tobacco and Firearms Bureau (ATF) after they claimed , the corpse was unconstitutional.

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“Look at Camden County in Missouri, I mean they ignore the ATF and say they’re unconstitutional,” Mace said. “Both sides are fighting what they consider unconstitutional.”

“Both sides are fighting what they consider unconstitutional,” she added. “If it’s okay for one side, it should be okay for both sides. And I think that’s what’s missing in this argument here.”

“The other thing we miss too is that [Republicans] not on the right side of history if we take the extreme position on this issue, because the vast majority of Americans are not with us on this. They just aren’t,” the moderate GOP MP said.

On Monday, the Biden administration stepped up its fight against the Texas ruling by filing a motion to stay the order, backed by the FDA and Health and Human Services Secretary Xavier Becerra.

Several Democrats supported the decision. For example, Rep. Alexandria Ocasio-Cortez, DN.Y., and Sen. Ron Wyden, D-Ore., both called on the Biden administration to ignore the abortion pill decision, prompting criticism from Republican lawmakers for disregard by the left led the judiciary.

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“The Left continues its assault on the rule of law,” Senator Josh Hawley, R-Mo., told Fox News Digital. “Whether it’s grabbing 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 it disregards the rule of law and only cares about power. “

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Senator John Cornyn, R-Texas, compared the Democrats leading the call to Southern Democrats of the last century who opposed the civil rights movement.

“Like Southern Democrats opposed civil rights in the 1950s, progressive Democrats today are demanding that a federal agency ignore a rule of law they don’t like,” the Texas conservative wrote on Twitter.