Abortion Pill Ban Hangs in Balance as Controversial Judge Presides Over Pivotal Case

Abortion Pill

The topic of abortion has been widely tackled as various changes in the dispensing, rules, and regulation of abortion pills have occurred. A lawsuit in Texas, filed by anti-abortion activists, could potentially lead to the primary abortion drug being removed from the market nationwide.

The lawsuit was filed in a federal court district where Matthew Kacsmaryk presides and who has a history of siding with conservative and religious causes. Abortion advocates are concerned that a ruling will have bias, and the lawsuit would create confusion and obstacles for patients and providers seeking medication abortions. The case is believed to highlight the power of the Christian legal movement in strategically selecting specific courts and judges to pass their motives.

Abortion Pill Case to Be Presided by a Conservative Judge

The Biden administration is preparing for the potential consequences if a conservative judge rules in favor of a lawsuit limiting access to one of the drugs used in medicated abortions. In the article in VOA News, a group of anti-abortion activists in Texas filed a lawsuit challenging the approval of mifepristone for use in abortions over 23 years ago, claiming the approval was wrongly granted.

The two drugs for abortion, mifepristone, and misoprostol, are used in over half of all abortions in the U.S. because they can be taken home and bought in pharmacies. The possible decision of the court could have a significant impact on abortion pill access across the country. The Biden administration has signaled that they will take action to protect access to medication abortions if necessary.

According to a report in Washington Post, Matthew Kacsmaryk, who former President Trump appointed, is known for his conservative leanings. Due to his position, Kacsmaryk can issue rulings that have national implications as the conservative-controlled Supreme Court reviews them. Kacsmaryk could rule on the latest lawsuit regarding abortion pills, which could result in the primary abortion drug being pulled from the market nationwide. Despite accusations of bias, Kacsmaryk has defended his ability to be impartial as a judge.

Kacsmaryk has presided over several politically explosive cases, including one on new Biden administration protections for transgender people and another on the forced return of thousands of asylum seekers to Mexico. The judge, who has defended his ability to be impartial, has delivered many recent decisions that have been favorable to the right. Kacsmaryk is also presiding over a lawsuit filed by anti-vaccine activists accusing several media outlets of colluding to censor their views on coronavirus vaccines. Despite his conservative views, many close to Kacsmaryk believe he would not allow his personal opinions to affect his legal judgments.

Also Read: FDA Changes Abortion Pill Dispensing Rules; Doctors Raise Concerns for Potential Dangers for Women

Recent Decision of the Food and Drug Administration

The FDA has made it easier to get the abortion pill, mifepristone. People no longer have to see a doctor in person to get a prescription for it. According to Christianity Daily, before, people could only get it from specific clinics, but now everyone can get it at a retail pharmacy too. Mifepristone is used early in a pregnancy to stop the hormone that keeps the pregnancy going.

While pharmacies are not required to carry the medication, those who wish to dispense it must meet specific requirements and receive special certification from the FDA. Patients will still need a prescription to obtain the drug, which will not be available over the counter.

Related Article: Efforts to Increase Access to Abortion Pills Gain Momentum, Despite Ongoing Controversy