Federal District Court Judge Catherine Eagles this week permanently enjoined certain of the restrictions on the abortion pill that had previously been passed by the Republican majority in the NC General Assembly.
Readers might recall that Eagles– from Greensboro– was recommended to Barack Obama by the late pro-abort Senator Kay Hagan– also from Greensboro.
I had previously expressed that her constitutional logic is faulty. She claims FDA rules are supreme over any laws the state of North Carolina might pass. However, the FDA and its activities are not authorized by Article 1, Section 8 of the US Constitution. The states are supreme on “unenumerated” powers not specifically granted to the federal government.
In addition, in other contexts, the states are free to regulate more stringently than the federal government. This is true on many matters related to health, safety and environment.
However, it is not clear whether the Raleigh Republicans will appeal this ruling.
Of note is the fact that State Attorney General Josh Stein refused to defend this law even though that is his job. He agreed with the plaintiffs and asked Eagles to rule against the state of North Carolina. He is running for governor this year. This issue ought to be emphasized heavily by his opponents.
He also expressed satisfaction publicly after Eagles issued her decision. He plans to frame the gubernatorial election as a “referendum on rights“, according to WRAL. Among the “rights” he plans to emphasize is abortion. Obviously, Stein is an awful person.
However, his worldview is highly consistent with that of the predominant progressive/socialist American Jewish community of which he is part. That community is militantly pro-abortion; and has been for many decades.
Eagles is a bad judge in more than one way.
Stein can be and should be impeached:
§ 123-5. Causes for impeachment. Each member of the Council of State, each justice of the General Court of Justice, and each judge of the General Court of Justice shall be liable to impeachment for the commission of any felony, or the commission of any misdemeanor involving moral turpitude, or for malfeasance in office, or for willful neglect of duty. (1868-9, c. 168, s. 16; Code, s. 2937; Rev., s. 4628; C.S., s. 6248; 1973, c. 1420.)
Fred, the Raleigh Republicans have had every opportunity to impeach Stein– and Cooper, and Mandy Cohen for that matter when she was here– but they punted in each case. But you are absolutely right. Stein should be impeached and removed.