Two federal district judges issued dueling opinions Friday over the Food and Drug Administration’s approval and regulation of an abortion medication more than 20 years ago, adding confusion to a growing morass of abortion-related litigation resulting from last year’s Supreme Court decision overturning Roe v. Wade.
In Texas, Judge Matthew Kacsmaryk, in a 67-page ruling, wrote that the FDA “exceeded its authority” in approving mifepristone, saying the agency used an accelerated approval process meant for drugs intended to treat “life-threatening diseases” and because the drug does not provide a “meaningful therapeutic benefit” for patients.
“The error in FDA’s judgment is borne out by myriad stories and studies brought to the Court’s attention,” he wrote, adding “a preliminary injunction would serve the public interest.”
