Conservative judge’s claim about abortion drug is 'dumbest' thing I’ve ever seen: legal reporter

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07 April 2023

A Texas judge could 'single-handedly' ban abortion meds 'in all 50 states': journalist

On Friday, a Trump-appointed federal judge in Texas voided the Food and Drug Administration's more than two-decades-old approval for mifepristone as an abortion medication — ruling in favor of a coalition of anti-abortion groups that argued the FDA did not consider things like the psychological anguish of women who have abortions when issuing the approval.

This widely-anticipated ruling, from U.S. District Judge Matthew Kacsmaryk in Amarillo, outraged legal reporter Elie Mystal, who called the decision "risible" and "dumb."

"As expected, the Republican judge hand picked by forced-birthers has issued a nationwide ban on the abortion pill. Stayed for a week. FDA will certainly appeal," wrote Mystal.

In particular, Mystal focused on the argument made by these groups, who would normally not have any standing to bring a suit, why they can represent the legal interests of women. "The argument, made here, that third party plaintiffs have standing because 'women who have had abortions' might experience too much 'shame… or regret' to bring suit against the government… is one of the dumbest and risible things I’ve read in a minute."

There is no medical evidence that mifepristone as it is used for abortion is unsafe or causes undue anguish to women; doctors have found the procedure of medication abortion is safer than Viagra and penicillin.

This comes at the same time as another federal judge in Washington state issued a ruling that would actually order the FDA to ease access to mifepristone in several states — setting up a conflict in federal courts and dramatically increasing the odds the Supreme Court may have to step in and resolve the issue. The Texas ruling is certain to be appealed by the Justice Department in the next few days.

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