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The reasonable interpretation of his court decision is that he has taken umbradge at the FDA's choice to use an expedited approval process where the typical use of the pill does not meet the criteria for expedited approval. That is, most of the problem he is pointing out is not with the underlying science and cost-benefit analysis of the FDA, but rather is a procedural problem.
Just to clarify this interpretation, do you think the judge would accept if a new non-expedited/properly-justified expedited approval process happened over the next few months that reapproved the drug (this isn't rhetorical)? There might be some important legal reason I don't understand for why if there was in fact incorrect procedure the first time around, the agency shouldn't be allowed to redo things in the proper way.
Also, under this interpretation, what was the point of all the language in the opinion specifically disagreeing with the underlying science and cost-benefit analysis? Was it not actually doing that?
It certainly depends on your conflict/mistake theory thesis of the world. The opinion, as written, is mistake theory. The rest is just showing how badly the FDA made a mistake.
If you are pure conflict, there is no reason to respect this if you are an abortion enthusiast.
But if you're pure conflict, there's also no reason to believe the FDAs own decision was apolitical.
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