On November 18, 2022 an organization called the Alliance for Hippocratic Medicine filed a 113 page complaint [Case No. 2:22-cv-00223-Z ] against the Food and Drug Administration. The Alliance as lead plaintiff files its action inthe Amarillo Division of the U.S. District Court for the Northern District of Texas. The case has been assigned to District Judge Matthew Kacsmaryk. The judge worked for First Liberty Institute before his appointment by Donald J. Trump. Since taking the bench he has shown himself to be an aggressive conservative activist.
The complaint faults the FDA decision to allow the drug to be marketed, as well as its election to allow patients to allow online and certified pharmacy sales of mifepristone which may be prescribed to induce abortion through the first ten weeks of gestation.
On February 10, 2023 a coalition of 22 states, led by New York's Attorney General and Solicitor General filed an amicus brief opposing a preliminary injunction against use of the FDA approved abortifacient mifestiprone by the Alliance for Hippocratic Medicine, et al.
The Department of Justice on January 13, 2013 responded in a brief opposing the motion for preliminary injunction.
- GWC 2/9/2023
Doctors and advocates are urging people to pre-order and stockpile abortion pills while they still can in the face of a looming court decision that could wipe out access to the drugs nationwide.
District Court Judge Matthew Kacsmaryk in Amarillo, Texas, could either strike down the FDA’s decades-old decision to approve mifepristone — the first of two pills used to end a pregnancy — or roll back more recent agency decisions making the pills available via telemedicine, mail delivery and pharmacy pickup.
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