Threshold Questions

The Wall Street Journal‘s editors opined on the Supreme Court and Mifepristone in their Monday editorial. Among other things, they wrote that

the threshold question for the Court is whether the doctors have legal standing to sue….

In addition to that, though, another threshold question is whether the Court owes automatic deference to an agency subordinate to a separate branch of government, a branch with which the Court is supposed to be coequal. Especially when that agency has lost as much credibility as has the FDA through its mistakes during the recent pandemic Wuhan Virus Situation.


Aside: the WSJ‘s censors wouldn’t allow me to use “Wuhan Virus,” even though they have no problem with Zika, West Nile, or Ebola virus labels. The hypocrisy is strong in the WSJ‘s censors.

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