Abortion pill challenge goes before judge in Texas

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A federal judge will hear arguments Wednesday in a high-stakes court case that could threaten access to medication abortion and blunt the authority of U.S. drug regulators.

Judge Matthew Kacsmaryk of Texas is weighing a lawsuit from Christian conservatives aimed at overturning the Food and Drug Administration’s more than 2-decade-old approval of the abortion pill mifepristone. The drug, when used with a second pill, has become the most common method of abortion in the U.S.

There is essentially no precedent for a lone judge overruling the scientific decisions of the FDA. And legal experts have warned of far-reaching consequences if judges begin second-guessing FDA decisions on drug safety and effectiveness.

Wednesday’s hearing is the first in the case, which is being intensely tracked by groups on both sides of the abortion issue after last year’s reversal of Roe v. Wade. However, there was little advance notice of the high-profile session, which only appeared on the public online docket late Monday after news reports raised concerns about a lack of transparency in the proceedings.

Kacsmaryk told attorneys in the case Friday that he would delay the filing to minimize threats and possible protests, a development first reported by The Washington Post. He also asked the lawyers not to disclose the date of the hearing, according to a transcript of the meeting released Tuesday.