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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsTexas judge overseeing abortion pill case filed by Josh Hawley's wife donated to his Senate campaign
United States Senator Josh Hawley (R-Missouri) has a powerful "partner" in his political "crusade" against reproductive autonomy. Erin Morrow Hawley, the lawmaker's wife since 2010, is an attorney representing right-wing groups suing to have the abortion medication mifepristone banned nationwide.
Morrow Hawley serves as senior counselor for the Alliance Defending Freedom, an anti-equality non-profit that played an instrumental role in the campaign to have the Supreme Court reverse Roe versus Wade.
This lawsuit, however, is a challenge to the Food and Drug Administration's two-decade-old approval of mifepristone, which the ADF filed "on behalf of four doctors who have said theyve prescribed mifepristone, as well as four anti-abortion medical organizations," Vanity Fair's Abigail Tracy reported on Thursday.
"The case, which is playing out in a courtroom in rural Texas, could have the most far-reaching ramifications on abortion access in the United States since the fall of Roe v. Wade. Should the judge, Matthew Kacsmaryk, rule in favor of the plaintiffs in the case and issue a preliminary injunction, it could effectively block the use of mifepristone, one of two drugs used in medication abortions, which account for more than half of all abortions in the US," wrote Gail. "Hawley is one of the main lawyers arguing on behalf of conservative legal organization Alliance Defending Freedom, which sued the Food and Drug Administration last November for its approval of the abortion medication." ...............(more)
https://www.msn.com/en-us/news/politics/texas-judge-overseeing-abortion-pill-case-filed-by-josh-hawley-s-wife-donated-to-his-senate-campaign-report/ar-AA191plZ
walkingman
(10,863 posts)CurtEastPoint
(20,023 posts)
2naSalit
(102,789 posts)They almost look related, the eyes are the same. Or is that how you can tell they're reptilians?
CurtEastPoint
(20,023 posts)2naSalit
(102,789 posts)KPN
(17,376 posts)after a person has been introduced by their whole name. I'm guessing she retained her maiden name as her middle name when she married -- my wife did that. So this reporter thinks her surname is effectively Morrow Hawley? Or maybe it actually is Morrow-Hawley? Nonetheless, if it is her original middle name and she prefers her middle name over Erin, perhaps Morron would fit better?
CurtEastPoint
(20,023 posts)The Magistrate
(96,043 posts)This does not just indicate the judge likely has a personal interest in the case, but that he is likely to display partiality to counsel.
Of course, everyone knows the judge is corrupt to the core, and intent on reading his personal religious and political views into the law in any case before him. Both sides, by the way, are convinced of this; this knowledge is why the fanatics who brought this tortured suit took pains to have it heard by this particular, peculiar judge....
onenote
(46,140 posts)Im guessing they didnt because no rule mandates that a judge that made a $500 contribution to a campaign that raised over $11,850,000 several years earlier (and prior to being named to the bench) recuse themselves.
The Magistrate
(96,043 posts)I do not know if appeal in a timely manner is possible. But recusal is up to the judge in question. Just one of those elements of our system which work only when the persons involved are persons of honor and honesty, and cannot work when the persons involved are cads and scoundrels of various water.
onenote
(46,140 posts)DOJ has not moved to recuse Kacsmaryk in this case. I think you are thinking of the motions to transfer that DOJ has filed with respect to certain cases brought in Kacsmaryk and other single-judge districts (motions that are not based on any conflict of interest theory). But no such motion was filed in the medication abortion case.
From the Washington Post's recent article about the transfer motions:
"The Biden administration did not ask for a transfer of the mifepristone lawsuit, nor of another filed in Kacsmaryks courthouse that aims to block a Biden administration gun regulation."
https://www.washingtonpost.com/national-security/2023/03/19/judge-shopping-justice-protests-texas/
See also this article that addresses DOJ's decision to seek transfer of certain cases rather than recusal of judges. https://reason.com/volokh/2023/03/04/department-of-justice-v-texas-judges/
The Magistrate
(96,043 posts)I have not been following so closely as I might, and appreciate the information.
Transfer would be a good solution.
These one horse districts have to go, they invite partisan abuse. Some freak of a judge out in the back of beyond does not possess veto power over all Federal legislation, a veto power even more extreme than that accorded the President. It cannot be tolerated.
bluestarone
(22,177 posts)Hell we are quite sure what this assholes decision will be!
agingdem
(8,849 posts)no judge likes his/her decisions overturned on appeal...this one should be obvious..
Code of Conduct for United States Judges: (canon 2)..a judge should avoid impropriety and the appearance of impropriety in all activities...(canon 5)..a judge should refrain from political activity...
onenote
(46,140 posts)And where standards for recusal based on past political contributions have been established they wouldn't trigger recusal under the facts of this situation (a $500 contribution out of $11,850,000 raised in a campaign 5 years ago).
We should be careful about what we asked for with respect to recusal motions. The right has tried (usually unsuccessfully) to go after judges in abortion related case based on the judge's political activity or support for pro-choice organizations like Planned Parenthood.
Stinky The Clown
(68,952 posts)dlk
(13,247 posts)One hand washes the other.
Takket
(23,715 posts)onenote
(46,140 posts)A $500 contribution made before he was a judge to a campaign that raised over $11,850,000 falls far short of the standard for recusal.
And we should be very careful about what we wish for --- the right has tried -- mostly unsuccessfully -- to force judgers appointed by Democrats to recuse themselves from various cases, particularly abortion-related cases, based on contributions and/or relationships to groups like Planned Parenthood of familial relationships.
You'll notice that DOJ has not made any effort to request the judge's recusal. They haven't even tried to get this case transferred to another district -- something they have occasionally requested in other cases involving a single judge district (including this judge).