# Texas Federal Judge strikes down FDA approval of the abortion pill (competing lawsuit filed, outcome uncertain) **URL:** \ **Category:** Miscellaneous and Personal Stuff I Must Share\ **Created:** [April 8, 2023, 1:32am UTC](https://boards.straightdope.com/t/texas-federal-judge-strikes-down-fda-approval-of-the-abortion-pill-competing-lawsuit-filed-outcome-uncertain/982351 "2023-04-08T01:32:21Z")\ **Posts on this page:** 20\ **Page:** 3
**Author:** ![ParallelLines](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/parallellines/32/3575_2.png) [@ParallelLines](https://boards.straightdope.com/u/ParallelLines)\ **Post date:** [April 11, 2023, 11:00pm UTC](https://boards.straightdope.com/t/texas-federal-judge-strikes-down-fda-approval-of-the-abortion-pill-competing-lawsuit-filed-outcome-uncertain/982351/41 "2023-04-11T23:00:19Z")
Quoting from the Reuters article linked earlier: > The case was brought by four anti-abortion groups headed by the recently formed Alliance for Hippocratic Medicine and four anti-abortion doctors who [sued](https://www.reuters.com/legal/anti-abortion-groups-ask-us-court-pull-approval-abortion-drugs-2022-11-18/) the FDA in November. They contend the agency used an improper process when it approved mifepristone in 2000 and did not adequately consider the drug’s safety when used by girls under age 18 to terminate a pregnancy. So he found that a strongly biased group’s judgement that the FDA didn’t do proper research on the safety. So it’s picking a small, agenda driven group’s judgement over that over the FDA and 20 years of evidence. Of course, it’s yet ANOTHER case of judge shopping. > By choosing to sue in Amarillo, the plaintiffs ensured that the case would go before Kacsmaryk, a conservative former Christian activist. > > The appeal will go to the New Orleans-based 5th U.S. Circuit Court of Appeals, which has a conservative reputation, with more than two-thirds of its judges appointed by Republican presidents. So there you go. Aren’t you glad you know that it’s only 90+% Bullshit? ---
**Author:** ![wolfpup](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wolfpup/32/10618_2.png) [@wolfpup](https://boards.straightdope.com/u/wolfpup)\ **Post date:** [April 11, 2023, 11:23pm UTC](https://boards.straightdope.com/t/texas-federal-judge-strikes-down-fda-approval-of-the-abortion-pill-competing-lawsuit-filed-outcome-uncertain/982351/42 "2023-04-11T23:23:05Z")
> [@Buck\_Godot](#): > > I’m not 100% confident, but I’d put my money behind the judge’s decision getting overturned by the supreme court. Notwithstanding my mention of the various lunatics on the Supreme Court, with Thomas and Alito pretty much guaranteed to support virtually any far-right idiocy, I’d probably put my money on that, too. With the Dobbs ruling overturning Roe v Wade, the far-right Justices are rubbing their hands in glee and declaring that “our work here is done”. Roberts would surely try to persuade them to preserve whatever shred of integrity they might appear to have left by rejecting this crazy and utterly indefensible ruling on mifepristone. In fact, I’ll go further. Even the wording of Kacsmaryk’s ruling made it abundantly clear that he was so egregiously biased that it’s hard to believe the 5th Circuit will uphold his ruling. And if they overturn it – which I’m very cautiously optimistic that they will, possibly even with a smackdown sending him to sit in the corner with Loose Cannon – the only rational thing for the Supreme Court to do is decline to hear a further appeal, if there even is one. My prediction is that this is how it will play out. If it plays out otherwise, America is in much sadder shape than I thought. ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [April 11, 2023, 11:26pm UTC](https://boards.straightdope.com/t/texas-federal-judge-strikes-down-fda-approval-of-the-abortion-pill-competing-lawsuit-filed-outcome-uncertain/982351/43 "2023-04-11T23:26:27Z")
> [@wolfpup](#): > > On the Supreme Court we have Thomas and Alito, who are guaranteed to always do the wrong thing, and Amy Coney Barrett, whose views against abortion apparently come from God himself. That’s three anti-abortion nutters right there, and Neil Gorsuch is another religious nutter, making four. Brett Kavanaugh was the fifth vote to overturn Roe v Wade, so if this outfit is corrupt enough to take this case and rule on strictly ideological grounds, it’s not hard to see a 5-4 vote to ban the abortion pill, with Roberts probably taking the high road. Just to throw this out, would any of them support separation of powers even more than right-to-life? ---
**Author:** ![wolfpup](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wolfpup/32/10618_2.png) [@wolfpup](https://boards.straightdope.com/u/wolfpup)\ **Post date:** [April 11, 2023, 11:42pm UTC](https://boards.straightdope.com/t/texas-federal-judge-strikes-down-fda-approval-of-the-abortion-pill-competing-lawsuit-filed-outcome-uncertain/982351/44 "2023-04-11T23:42:16Z")
> [@Saint\_Cad](#): > > would any of them support separation of powers even more than right-to-life? I don’t know, but in _National Federation of Independent Business v. Sebelius_, the first challenge to the ACA, my two favourite lunatics, Thomas and Alito, were only too pleased to directly confront and overturn legislative powers. Scalia and Kennedy, who joined them, are no longer on the bench. The Affordable Care Act would have been overturned right there, in a brazen and direct affront to democracy, had Roberts not intervened. The three new Trump appointees are, arguably, even more obsessed by activist social ideology than any of the previous Justices; _Roe v Wade_ survived for half a century until they came along. ---
**Author:** ![LSLGuy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lslguy/32/5813_2.png) [@LSLGuy](https://boards.straightdope.com/u/LSLGuy)\ **Post date:** [April 12, 2023, 11:56am UTC](https://boards.straightdope.com/t/texas-federal-judge-strikes-down-fda-approval-of-the-abortion-pill-competing-lawsuit-filed-outcome-uncertain/982351/45 "2023-04-12T11:56:07Z")
> [@alphaboi867](#): > > Just imagine the outcry if a random federal judge revoked FDA approval for Viagra. I think that would be a hard ruling to sustain for more than about half an hour. ---
**Author:** ![RitterSport](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rittersport/32/6326_2.png) [@RitterSport](https://boards.straightdope.com/u/RitterSport)\ **Post date:** [April 12, 2023, 12:25pm UTC](https://boards.straightdope.com/t/texas-federal-judge-strikes-down-fda-approval-of-the-abortion-pill-competing-lawsuit-filed-outcome-uncertain/982351/46 "2023-04-12T12:25:14Z")
If the ruling lasts for more than four hours, though, call your doctor. I imagine the Appeals court will stay this ruling until they get a chance to look at it, but they only have until Friday before it goes into effect, right? ---
**Author:** ![Dr\_Paprika](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dr_paprika/32/3042_2.png) [@Dr\_Paprika](https://boards.straightdope.com/u/Dr_Paprika)\ **Post date:** [April 13, 2023, 4:21am UTC](https://boards.straightdope.com/t/texas-federal-judge-strikes-down-fda-approval-of-the-abortion-pill-competing-lawsuit-filed-outcome-uncertain/982351/47 "2023-04-13T04:21:33Z")
> **[The Anti-Abortion Movement Just Made a Powerful New Enemy](https://slate.com/news-and-politics/2023/04/abortion-pill-ban-mifepristone-pharmaceutical-biotech.html)** > > The mifepristone decision has awakened a sleeping giant. ---
**Author:** ![Love\_Rhombus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/love_rhombus/32/10694_2.png) [@Love\_Rhombus](https://boards.straightdope.com/u/Love_Rhombus)\ **Post date:** [April 13, 2023, 9:55am UTC](https://boards.straightdope.com/t/texas-federal-judge-strikes-down-fda-approval-of-the-abortion-pill-competing-lawsuit-filed-outcome-uncertain/982351/48 "2023-04-13T09:55:43Z")
I believe the group that “chose” the judge was only formed last month in Amarillo. ---
**Author:** ![RitterSport](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rittersport/32/6326_2.png) [@RitterSport](https://boards.straightdope.com/u/RitterSport)\ **Post date:** [April 13, 2023, 12:52pm UTC](https://boards.straightdope.com/t/texas-federal-judge-strikes-down-fda-approval-of-the-abortion-pill-competing-lawsuit-filed-outcome-uncertain/982351/49 "2023-04-13T12:52:29Z")
So, the Appeals court sort of overruled the judge, allowing the drug to be used, but only for the first seven weeks instead of ten. Does anyone know if there’s any scientific justification for this, or did they just pull this from their ass? ---
**Author:** ![Jackmannii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jackmannii/32/311_2.png) [@Jackmannii](https://boards.straightdope.com/u/Jackmannii)\ **Post date:** [April 13, 2023, 1:01pm UTC](https://boards.straightdope.com/t/texas-federal-judge-strikes-down-fda-approval-of-the-abortion-pill-competing-lawsuit-filed-outcome-uncertain/982351/50 "2023-04-13T13:01:26Z")
> [@RitterSport](#): > > So, the Appeals court sort of overruled the judge, allowing the drug to be used, but only for the first seven weeks instead of ten. > > Does anyone know if there’s any scientific justification for this Not according to the [American College of Obstetricians and Gynecologists](https://www.acog.org/clinical/clinical-guidance/practice-bulletin/articles/2020/10/medication-abortion-up-to-70-days-of-gestation). ---
**Author:** ![RitterSport](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rittersport/32/6326_2.png) [@RitterSport](https://boards.straightdope.com/u/RitterSport)\ **Post date:** [April 13, 2023, 1:09pm UTC](https://boards.straightdope.com/t/texas-federal-judge-strikes-down-fda-approval-of-the-abortion-pill-competing-lawsuit-filed-outcome-uncertain/982351/51 "2023-04-13T13:09:00Z")
Thanks! Maybe we should ask the American College of Obstetricians and Gynecologists their opinion about the Miranda ruling or quartering soldiers. I know I usually get my medical advice from judges and my legal advice from doctors. ---
**Author:** ![thorny\_locust](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thorny_locust/32/431_2.png) [@thorny\_locust](https://boards.straightdope.com/u/thorny_locust)\ **Post date:** [April 13, 2023, 3:42pm UTC](https://boards.straightdope.com/t/texas-federal-judge-strikes-down-fda-approval-of-the-abortion-pill-competing-lawsuit-filed-outcome-uncertain/982351/52 "2023-04-13T15:42:46Z")
From @Dr_Paprika’s link above: > If upheld, the order would allow any doctor to file a lawsuit compelling the FDA to revoke approval of _any drug_ they dislike. If any such suit succeeds, a single, handpicked judge could overrule the FDA’s scientific determinations and issue a nationwide block on that medication. The drug need not have anything to do with reproductive health: vaccines, antibiotics, antidepressants, hormones, statins, painkillers—all are vulnerable under Kacsmaryk’s decision. Exactly what I was thinking. I don’t see any way for this to be upheld that wouldn’t put any random judge in control of the entire medication system. Whether at least five of the Supremes are sufficiently off the wall to do it anyway – that I’m not entering a guess on. I suppose they might try writing an opinion that says ‘this only has to do with drugs that cause abortion!’ but for one thing that doesn’t seem to be what the Texas judge’s decision is phrased as being based on (though of course it’s what it’s actually based on); plus which – there must be a number of drugs that can, under some circumstances, cause abortion but which are needed for something else. ---
**Author:** ![Pazu](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pazu/32/15522_2.png) [@Pazu](https://boards.straightdope.com/u/Pazu)\ **Post date:** [April 13, 2023, 3:45pm UTC](https://boards.straightdope.com/t/texas-federal-judge-strikes-down-fda-approval-of-the-abortion-pill-competing-lawsuit-filed-outcome-uncertain/982351/53 "2023-04-13T15:45:15Z")
> [@RitterSport](#): > > So, the Appeals court sort of overruled the judge, allowing the drug to be used, but only for the first seven weeks instead of ten. > > Does anyone know if there’s any scientific justification for this It’s a rollback to the 2016 Risk Evaluation and Mitigation Strategy (REMS) status for use of mifepristone. The Kaiser Family Foundation has a good overview of [the mifepristone legal challenge](https://www.kff.org/womens-health-policy/issue-brief/legal-challenges-to-the-fda-approval-of-medication-abortion-pills/). ---
**Author:** ![Dr\_Paprika](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dr_paprika/32/3042_2.png) [@Dr\_Paprika](https://boards.straightdope.com/u/Dr_Paprika)\ **Post date:** [April 13, 2023, 3:49pm UTC](https://boards.straightdope.com/t/texas-federal-judge-strikes-down-fda-approval-of-the-abortion-pill-competing-lawsuit-filed-outcome-uncertain/982351/54 "2023-04-13T15:49:59Z")
It seems a farcical decision (although I am not an expert on the particulars and am often wrong), regardless of whether the judge has medical education. Canada has many problems but at least partisan politics only places a small to modest role in our legal system on a relative basis. Drug companies have real influence. They put business before politics, do much good, could often be more humanitarian, and are unlikely to accept this quietly. ---
**Author:** ![Euphonious\_Polemic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/euphonious_polemic/32/3002_2.png) [@Euphonious\_Polemic](https://boards.straightdope.com/u/Euphonious_Polemic)\ **Post date:** [April 13, 2023, 8:41pm UTC](https://boards.straightdope.com/t/texas-federal-judge-strikes-down-fda-approval-of-the-abortion-pill-competing-lawsuit-filed-outcome-uncertain/982351/55 "2023-04-13T20:41:39Z")
> [@thorny\_locust](#): > > If upheld, the order would allow any doctor to file a lawsuit compelling the FDA to revoke approval of _any drug_ they dislike. If any such suit succeeds, a single, handpicked judge could overrule the FDA’s scientific determinations and issue a nationwide block on that medication. So… If I’m a doctor, and certainly have no _direct_ investments in a certain drug (although perhaps a close friend or family member does…) Then I could get a friendly hand-picked judge (who also has no _direct_ investment in the same certain drug, just a “friend” who does)… to issue an order blocking the competitor to this particular drug. Nope, can’t see a problem with that at all. Business as usual. ---
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [April 13, 2023, 9:28pm UTC](https://boards.straightdope.com/t/texas-federal-judge-strikes-down-fda-approval-of-the-abortion-pill-competing-lawsuit-filed-outcome-uncertain/982351/56 "2023-04-13T21:28:01Z")
Supreme Court justices are, by and large, old, and most old people take lots of medications. What’s to stop some random judge from finding out (or guessing) what medications Thomas, Roberts, Alito, and Gorsuch are taking, and dis-approving all of them? ---
**Author:** ![thorny\_locust](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thorny_locust/32/431_2.png) [@thorny\_locust](https://boards.straightdope.com/u/thorny_locust)\ **Post date:** [April 13, 2023, 9:38pm UTC](https://boards.straightdope.com/t/texas-federal-judge-strikes-down-fda-approval-of-the-abortion-pill-competing-lawsuit-filed-outcome-uncertain/982351/57 "2023-04-13T21:38:20Z")
> [@Chronos](#): > > What’s to stop some random judge from finding out (or guessing) what medications Thomas, Roberts, Alito, and Gorsuch are taking, and dis-approving all of them? Too much collateral damage? But I hope somebody makes that point before the Court. ---
**Author:** ![Dinsdale](https://avatars.discourse-cdn.com/v4/letter/d/97f17d/32.png) [@Dinsdale](https://boards.straightdope.com/u/Dinsdale)\ **Post date:** [April 14, 2023, 10:32pm UTC](https://boards.straightdope.com/t/texas-federal-judge-strikes-down-fda-approval-of-the-abortion-pill-competing-lawsuit-filed-outcome-uncertain/982351/58 "2023-04-14T22:32:22Z")
[This is getting potentially VERY ugly VERY fast.](https://www.cnbc.com/2023/04/14/supreme-court-temporarily-blocks-abortion-pill-restrictions.html) A panel of the 5th Cir approved significant parts of the lower court ruling (while upholding the FDA approval, the 5th agreed to limit access.) Case is fast tracked to the Supremes, where Alito places a very brief stay. This is hugely complicated, so I won’t even try to set out all the possibilities. But I hope everyone appreciates the potential for the Supremes rejecting an administrative agency’s execution of its basic functions. This has the potential of reaching far beyond mifepristone, and far beyond the FDA. Trump waged war against the federal bureaucracies -but this has the possibility of exceeding his wildest dreams. We are going to see a lot of large corporations opposing this judicial activism. Mods - I was surprised not to see a thread on this development. If I missed it, please let me know. Or, open a new thread or retitle this one as you see fit. ---
**Author:** ![Dr\_Paprika](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dr_paprika/32/3042_2.png) [@Dr\_Paprika](https://boards.straightdope.com/u/Dr_Paprika)\ **Post date:** [April 15, 2023, 12:04am UTC](https://boards.straightdope.com/t/texas-federal-judge-strikes-down-fda-approval-of-the-abortion-pill-competing-lawsuit-filed-outcome-uncertain/982351/59 "2023-04-15T00:04:29Z")
I predict this is going to lose the Republicans the next election. ---
**Author:** ![Nightaudit](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/nightaudit/32/17181_2.png) [@Nightaudit](https://boards.straightdope.com/u/Nightaudit)\ **Post date:** [April 15, 2023, 2:44am UTC](https://boards.straightdope.com/t/texas-federal-judge-strikes-down-fda-approval-of-the-abortion-pill-competing-lawsuit-filed-outcome-uncertain/982351/60 "2023-04-15T02:44:03Z")
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