New York Daily News

Abort drug case stirs cries of ‘kangaroo court’ in Tex.

- BY JESSICA SCHLADEBEC­K AND BRIAN NIEMIETZ

The process by which the Food and Drug Administra­tion approved the medicated abortion pill mifepristo­ne more than 20 years ago appeared to be among the issues weighing on U.S. District Court Judge Matthew Kacsmaryk as the Texas adjudicato­r considered a bid to roll back access to the drug.

He vowed Wednesday to make a ruling “as soon as possible” but gave no explicit timeline.

The anticipate­d ruling is in response to a lawsuit from the faith-based, anti-abortion group Alliance Defending Freedom (ADF). Kacsmaryk’s decision could ultimately lead to a nationwide injunction on the drug, blocking health care providers from prescribin­g it even in states where abortion is legal.

During Wednesday’s proceeding­s, the federal judge — a conservati­ve appointed by former President Donald Trump — heard from physicians’ groups, the Biden administra­tion and the FDA, who argued for the legality of the drug’s approval.

Kacsmaryk repeatedly referenced last year’s Supreme Court’s reversal of the landmark 1973 Roe v. Wade ruling that made abortion rights the law of the land for nearly 50 years. The judge reportedly suggested that could factor into his ruling.

Because of the two decades that have passed since mifepristo­ne’s initial approval, Kascmaryk likened arguments over that window to “a nightmaris­h law school question on tolling.”

The judge also considered arguments that the FDA’s actions were at odds with some state abortion laws. Today in Texas, abortion providers can be imprisoned and forced to pay a six-figure fine.

The drug’s manufactur­er, Danco Laboratori­es, appeared inside the courthouse in Amarillo in support of the FDA.

Outside the courthouse, organizers from the Women’s March set up their own “kangaroo court,” complete with several protesters dressed up as the jumpy marsupial, ABC News reported. Other protesters held up signs reading “Defend medication abortion” and “Not your uterus, not your decision.”

Kacsmaryk “says he doesn’t want a ‘circus-like’ atmosphere, all while behaving like a clown who treats our lives like a political game,” the organizers of the Women’s March wrote in a protest announceme­nt. “So, we will bring the circus to him. Come in your clown makeup, and we will show the world what the Federal Court is all about here in Amarillo, a kangaroo court!”

Kacsmaryk reportedly asked attorneys last week to be aware the court received death threats and harassing phone calls with regards to the upcoming hearing, which he hoped to keep under the radar as much as possible. He did not say who made those alleged threats.

The FDA initially approved mifepristo­ne in 2000. It is the first of a two-drug regimen that’s used to terminate a pregnancy through 10 weeks gestation.

Should Kacsmaryk rule to ban the drug, access could be cut off nationwide to the most common method of abortion in the United States. In that case, doctors and clinics have said they will start using only the second drug, misoprosto­l.

The single-drug approach is significan­tly less effective, doctors said, adding that misoprosto­l is typically used in countries where mifepristo­ne is illegal or unavailabl­e.

According to the ADF’s lawsuit, filed on behalf of several anti-abortion groups and physicians, the FDA erred in determinin­g the drug’s safety and efficacy and exceeded its regulatory authority by approving the abortion pill.

The suit also challenged several other FDA rulings that loosened restrictio­ns on the pill, including eliminatin­g a requiremen­t that women pick it up in person.

If Kacsmaryk rules in ADF’s favor, federal attorneys are expected to swiftly appeal the decision and seek an emergency stay to stop it from taking effect while the case proceeds.

 ?? AP ?? A protester dons kangaroo costume and judicial robe Wednesday in rally outside Amarillo court where a conservati­ve judge is hearing case on curbing access to the abortion drug mifepristo­ne.
AP A protester dons kangaroo costume and judicial robe Wednesday in rally outside Amarillo court where a conservati­ve judge is hearing case on curbing access to the abortion drug mifepristo­ne.

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