A federal judge in Texas will consider at a high-stakes hearing on Wednesday whether he should block the US government’s approval of the drug used for medication abortions.
The case, brought by anti-abortion doctors and medical associations, is arguably the most significant legal dispute concerning abortion since the Supreme Court ended nationwide abortion protections with its overturning of Roe v. Wade last summer.
Depending on how US District Judge Matthew Kacsmaryk handles the medication abortion lawsuit, access could be cut off nationwide to the most common method of abortion in the United States.
The Justice Department and outside legal experts say that it would be “unprecedented” for a US district court to order that the US Food and Drug Administration rescind its approval of the drug, as the plaintiffs are asking Kacsmaryk to do. The drug – mifepristone – was approved by the FDA more than two decades ago, and the plaintiffs are also challenging more recent moves by the FDA that made abortion pills easier to obtain.
Before Kacsmaryk on Wednesday is the challengers’ request for a preliminary injunction that would force the FDA to withdraw or suspend the approval while the lawsuit plays out.
The hearing will start at 9 a.m. CT and is expected to last several hours. While it will be open to the public, the hearing will not be livestreamed.
Here is what to watch for in Wednesday’s hearing:
The challengers, who are being represented by a prominent anti-abortion legal organization, are arguing that the FDA violated administrative law in how it went about approving mifepristone and in how it relaxed the rules around the drug’s use over the years.
“After two decades of engaging the FDA to no avail, plaintiffs now ask this court to do what the FDA was and is legally required to do: protect women…
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