Home » Texas Judge Likely To Rule Against FDA Approval Of Abortion Drug

Texas Judge Likely To Rule Against FDA Approval Of Abortion Drug

That’s MAGAts for ya. They want to outlaw a safe drug that allows women to have abortions, while passing state laws that force doctors to prescribe horse dewormer on demand to people with covid — even though it can kill them. Crazy, huh?

In a hearing in federal court yesterday in Amarillo, Texas, Trump appointee Judge Matthew J. Kacsmaryk seemed sympathetic to the idea of an unprecedented national ban on mifespristone. Via the Washington Post:

He asked a lawyer for the group whether the court could unilaterally withdraw FDA approval for a drug, and engaged with attorneys for both sides about whether mailing the pills should be prohibited because of a 19th-century law that bans sending articles “for any indecent or immoral use” through the Postal Service.

At the close of the four-hour hearing, Kacsmaryk said he would issue his ruling as soon as possible, potentially disrupting access to mifepristone even in states where abortion is legal and protected. His decision will likely be appealed to the conservative U.S. Court of Appeals for the 5th Circuit and the case could eventually reach the Supreme Court.

Medication-induced abortion, which accounts for more than half of all abortions in the United States, has become increasingly contentious since the Supreme Court’s conservative majority overturned Roe v. Wade in June, eliminating the constitutional right to terminate a pregnancy.

Vox SCOTUS journalist Ian Millhiser tweets about what’s next.

“So in the likely event that Trump Judge Matty Kascmaryk bans mifepristone, here’s what we can expect next: DOJ will seek an emergency stay from the Fifth Circuit as fast as it can review Matty’s opinion and draft a motion. They will likely lose. The Fifth Circuit is dominated by highly-partisan Republicans like Kyle Duncan.

“Then it goes to SCOTUS. I think there’s a real chance that SCOTUS grants a stay — there is no legal basis whatsoever for banning mifepristone, which was approved 23 years ago. The statute of limitations to file this suit is six years.

“However, the GOP-controlled SCOTUS’s practice, when the Biden administration asks for an emergency stay from a hack judge like Kascmaryk has been to deny the request. So there’s a real risk that Matty’s order could remain in effect for months or more.

“If SCOTUS denies the temporary stay, the question of whether to permanently reverse Matty will still be on appeal. The Fifth Circuit gets the first shot. And it may intentionally delay its ruling to leave Matty’s decision in place for as possible. DOJ will likely lose again.

“Most likely after the Fifth Circuit rules, SCOTUS will hear it again. I would be surprised if even this SCOTUS allows such a lawless order to remain in effect forever, but there’s no guarantee DOJ wins. Depending on what Matty the K’s opinion says, FDA may also try to bypass him by reapproving mifepristone. Although I’m told that process could also take months.

“So buckle up. Looks like shit is about to get super lawless.”

In this time of the Handmaid’s Tale, when women march for their rights, they should carry weapons openly — like the Black Panthers did. Because rights in this country seem to be the exclusive province of those who can scare the most people.


March 2023