Annine month After being struck down by the US Supreme Court constitutional right to abortion and, in the words of the majority, returned the issue to “the elected representatives of the public”, with a federal judge in Texas taking the matter up for himself. On 7 April Matthew Kaczmarić ruled against the abortion drug that has been used millions of americans with some complications. He registered with the Federal Drug Administration (FDA) of mifepristone, one of two drugs commonly used to terminate pregnancies in the first ten weeks of pregnancy.
Mr. Kaksmarić’s Extraordinary Verdict—The First Time a Judge Has Overturned It FDAapproval of the drug—this means that residents of abortion-friendly states may also face greater barriers to termination of pregnancy. Yet the decision did not go into effect immediately: the judge gave the federal government seven days to file an appeal. Both the Department of Justice and Danko Laboratories, the maker of mifepristone, told the Fifth Circuit Court of Appeals that it medicine is available,
There’s one more twist. Less than an hour after Mr. Kaczmarik’s order, a federal judge in Washington state, Thomas Rice, issued a conflicting decision in which FDA By eliminating Americans’ access to mifepristone. The spate of competing decisions prompted the Justice Department to ask Mr Rice how his order dealt with competing decisions so that the government could “comply with all court orders in these unusual circumstances”.
Mr Kaczmarik’s decision apparently relates to the perceived health risks posed by mifepristone, which blocks progesterone, a pregnancy hormone, for women and girls. He agreed with the challengers – a group called the Alliance for Hippocratic Medicine – that FDAThe approval of the drug was hurriedly done in 2000. The result, they wrote, has been “many deaths and many serious or life-threatening adverse reactions” that “FDA Did not accept pressure to increase access to chemical abortion at the expense of women’s safety.
Mr Kacsmaryk dismissed studies showing that the drug is safe and effective. “due to this FDA‘Lax reporting requirements’, they wrote, the number of bad outcomes “is likely to be far greater than its data indicate”.
Concern for women’s health may have been the alleged reason for the lawsuit, but the primary motivation behind it was an opposition to abortion. Plaintiffs filed their lawsuits in a district where they would be sure to attract a judge known to be hostile to abortion. Before he was tapped for the court by Donald Trump in 2019, Kaczmarik worked at the First Liberty Institute, a conservative Christian legal organization with a mission similar to the Alliance Defending Freedom, the group that Had filed a case against mifepristone in his court.
The judge supported even the plaintiff’s most aggressive contention. He agreed that a federal law called the Comstock Act, which dates from 1873, prohibited the mailing of any “article, instrument, substance, medicine, drug or thing” that could be used to cause an abortion.
Thus Mr. Kaksmarić’s decision contains the seeds of a broader anti-abortion agenda that is being pursued by the Supreme Court. roe v wade last June. His interpretation of the Comstock Act may have led to a ban on all abortions in the US, as it would make it illegal to read in clinics any instruments used in abortions. Mr Kaczmarik dropped another piece for those pushing a nationwide abortion ban. His opinion argued that “unborn human beings extinguished by mifepristone” are entitled to “individual justice”. This concept of “fetal personhood” would give fetuses the full spectrum of constitutional rights beginning with the right to life.
Texas’ ruling President Joe Biden wrote in response that the court had “substituted its decision”. FDA‘S. If such a second guess stood to be made, then “virtually not”. FDA-approved drug “will be safe from these kinds of political, ideological attacks”. Dozens of pharmaceutical company leaders also opposed Mr Kaczmarik’s decision in a letter criticizing the judge for creating “uncertainty for the entire biopharma industry”. And in an April 11 friend-of-the-court brief for the Fifth Circuit, 169 industry leaders argued that, FDAU.S. drug-approval process, the ruling would “silence critical research”, undermine investment and “wreak havoc on drug development”.
But the Fifth Circuit is one of America’s most conservative courts, and on April 12 it supported almost all arguments except Kaczmarić’s move to quash it. FDA Authorization of mifepristone in 2000. So the pill would still be available but, barring further judicial intervention, the standards for prescribing and distributing it would be far more stringent. A chaos of conflicting decisions means the case heads to the Supreme Court. The question will be whether the five judges overturned Roe deer Leave abortion rights up to the states – as he promised – or give the judiciary the final word on the subject.
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