Another possible showdown at the Supreme Court on the abortion issue now appears likely after two separate federal judges issued conflicting opinions. The conflict involves the Food and Drug Administration’s (FDA) approval of mifepristone, a powerful abortion-inducing drug that reportedly is used in half of all U.S. abortions.
Critics have questioned whether the FDA followed its own requirement concerning safety and related issues when it ruled in favor of greater use of the drug.
Federal Judge Matthew Kacsmaryk in Texas issued a 67-page opinion concluding the FDA approval was flawed. He ordered distribution of the drug to cease in all 50 states, but he gave the Biden administration time to appeal his ruling, which they promised to do.
Within hours, a second federal judge in a separate case in Washington state ruled in favor of the FDA and the drug’s approval. In a suit brought by 17 Democrat state attorneys general, Judge Thomas O. Rice said the drug must continue to be used in the states represented in the lawsuit.
The Biden administration reacted quickly and aggressively to Judge Kacsmaryk’s pro-life decision. HHS secretary Xavier Becerra immediately decried the ruling as “not American.” When asked if it was possible the administration would simply defy the federal judge, Secretary Becerra said, “Everything is on the table.” His response has once again raised fears about the rule of law in America.
Both opinions will surely be appealed to two different Circuit Courts of Appeals. If their decisions also differ, then another high-profile, pro-life conflict could take place at the Supreme Court.
