Delia Deschaine Quoted in “Abortion Pill Opponents Seize New Chance to Target FDA Approval”

A Christian advocacy group’s first-of-its kind lawsuit before a Trump-appointed Texas judge poses the greatest legal threat in years to access to abortion pills in America.

The lawsuit Alliance Defending Freedom filed Friday claims the Food and Drug Administration exceeded its authority when it used an accelerated process typically reserved for serious or life-threatening illnesses to approve mifepristone, a drug that coupled with another can be used to end a pregnancy within the first 10 weeks.

Since that decision in 2000, the use of abortion pills has steadily climbed among medical providers. It accounted for 54% of all US abortions two years ago, according to the Guttmacher Institute.

The ADF filed its complaint in federal court in Amarillo, where the only district judge is Matthew Kacsmaryk, who’s written critically of the constitutional right to same-sex marriage and whose past rulings included one rejecting explicit health protections for LGBTQ people.

Legal observers say the case shows how the Supreme Court’s decision in June to overturn Roe v. Wade has opened the door for conservative groups to challenge longstanding scientific authorities as a means to end abortion nationwide. …

Threat to Agency Authority

The plaintiffs have asked Kacsmaryk to immediately enjoin the FDA’s approval of the drug while the case proceeds. …

Either way, the decision could have lasting implications for the agency’s authority. …

Courts have historically deferred to the FDA on “issues of science versus law,” said Delia Deschaine, an attorney at Epstein Becker & Green specializing in FDA regulations.

But given the Dobbs decision and the court’s open skepticism of the deference given to administrative agencies, she said, “it’s safe to say that all bets are off on how this case ultimately will be decided.”