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Texas judge hears arguments in challenge to FDA’s approval of abortion drug

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A federal judge in Texas heard arguments but did not rule Wednesday on whether to block the Food and Drug Administration’s approval of a pregnancy-termination drug, a case viewed as the most significant legal battleground on abortion since the fall of Roe v. Wade.
Alliance Defending Freedom attorneys urged U.S. District Judge Matthew Kacsmaryk to withdraw or suspend the FDA’s 2020 decision on mifepristone, arguing that the agency fast-tracked the drug for political reasons without adequately studying its safety when used to end pregnancies.
“Today, we asked the court to put the health and wellbeing of women and girls first by undoing the harms that FDA has caused by illegally approving dangerous chemical abortion drugs and removing necessary protections,” said Alliance senior counsel Erik Baptist, who represented several pro-life medical organizations and doctors, after the hearing.
On the other side were attorneys for the Justice Department and Danco Laboratories, the maker of mifepristone, the first drug in the two-pill regimen that has become the nation’s most common method of pregnancy termination.
Judge Kacsmaryk concluded the hearing without ruling from the bench, reportedly saying he would issue a decision as soon as possible. Each side received two hours to make their arguments, with time for rebuttal. No electronics were allowed in the courtroom.
Outside the courthouse in Amarillo, Texas, a band of pro-choice protesters held signs with messages such as, “Defend Medication Abortion.” A rally organized by the Women’s March was scheduled for Wednesday evening.
“We won’t let them take away our rights,” said the Women’s March in a statement. “We’re going to shine a light on these bad actors. All eyes on Amarillo.”
Heightening the drama were accusations that Judge Kacsmaryk, a Trump appointee, tried to “hide” the hearing by delaying placing the notice on the docket to minimize harassment and threats directed at the court.

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