Supreme Court to Decide Whether Abortion Pill Should Be Banned
A year ago, a Texas judge ordered the FDA-approved medication off the market. That was stayed, but time's up.
In April a year ago, a federal judge in Texas suspended the Food and Drug Administration's approval of mifepristone, the "abortion pill". The FDA had overlooked "legitimate safety concerns", said the judge, notwithstanding that the pill has been used safely by millions of women in all the years since the agency approved the medication 24 years ago.
Immediately following, in a case brought by attorneys general of 18 Democratic states, who argued that the FDA approval was "lawful and valid" and that the drug is "far safer than continuing a pregnancy", a Washington State federal court agreed and enjoined the FDA from reducing the availability of the drug. A stay has kept the drug available since (and just yesterday, March 4th, became available - in states where not banned - over the counter without a prescription).
In striking down Roe v. Wade, the Supreme Court meant to send all matters of abortion to the states for each to decide policy and create laws, but it falls to the highest court to resolve conflicting decisions by federal courts, and so, the nine justices are once again in the thick of the abortion wars. On March 26th they will hear arguments for and against the pill and are expected to render a decision in early summer that is likely to have incendiary reactions.
THE SUIT
The Texas lawsuit against the FDA was brought by Alliance Defending Freedom (ADF), a conservative Christian legal advocacy group that works to outlaw abortion, curtail LGBTQ rights, and promote Christian practices in public schools and government. They argue that the FDA rushed the drug’s approval without properly studying its safety, which, even if true, has long since seen safety proven.
Based in Arizona, ADF went judge shopping and found Amarillo, where they were guaranteed to draw Matthew Kacsmaryk because there is only one federal judge in Amarillo and that is he. Formerly with a Christian law firm, Kacsmaryk has written that Roman Catholic… Continue reading
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