Trump-appointed Judge Kaksmalik has been anti-abortion for many years and joined the judiciary after working for the First Liberty Institute, a conservative legal group focused on religious liberty issues.
The alliance that sued, the Hippocratic Medical Alliance, claimed that the FDA improperly approved the pill in 2000 and that mifepristone was unsafe. Serious complications are rare, pointing to studies showing that less than 1% of patients require hospitalization.
Earlier this month, Judge Kacsmaryk issued a temporary ruling, declaring the drug’s approval by the FDA null and void and giving the parties one week to seek emergency relief before the ruling becomes effective. rice field.
Less than an hour later, Thomas O. Rice, a federal judge in Washington appointed by President Barack Obama, issued a conflicting ruling in another case involving mifepristone. Judge Rice, who is a party to the lawsuit, has stopped the FDA from limiting the availability of the pill in 17 states and the District of Columbia.
Competing rulings meant the issue was almost certain to go to the Supreme Court.
FDA immediately appealed Judge Kacsmaryk’s decision, and a split three-judge panel in the Fifth Circuit Court of New Orleans upheld FDA approval to ensure mifepristone remains on the market. Did.
However, the panel imposed several barriers to access, and some sided with Judge Kaksmalik as the case moved through court. He blocked a series of steps the FDA has taken since 2016 to expand the availability and distribution of the drug. For example, allowing delivery by mail and prescriptions by non-physician healthcare providers.
Adam Liptak and Christina Jewett contributed to the report.
