A conservative federal judge ordered this Friday the suspension of authorization to market in USA mifepristone (RU 486)one of the two pills used for abortion, which in practice prevents its prescription.
According to the decision of the magistrate Matthew Kacsmaryk from texas, “FDA approval of mifepristone is suspended”initials in English of the government Food and Drug Administration.
federal authorities They will have a week to appeal this measure promoted by conservative sectors of the country.
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In a 67-page document, the judge validates most of the arguments in the complaint filed in November by a coalition of doctors and anti-abortion organizations against the FDA.
Kacsmaryk, who is handling the case in federal court in Amarillo, Texas, was appointed by the then president Donald Trump and ratified by the Senate in 2019. He is a conservative Christian with a personal history of opposing abortion.
The magistrate took into account studies on the risks attributed to this abortion pill, which are considered insignificant by most of the scientific community. It also accuses the FDA of not following its procedures to pursue a political objective.
Repercussions of the resolution
The case reached his court through what critics call “judge purchase”in which plaintiffs take legal action in a jurisdiction where the judge has a history of rulings that support their case. Federal judges in the United States can make decisions that have national legal force.
“This ruling opens a new door to the politicization of medicine”posted on Twitter the governor of New York, Kathy Hochuldemocrat. “Extremists will not stop at eliminating the right to abortion,” added.
Massachusetts Senator, Elizabeth Warren, considered that “due to today’s lawless ruling, women could lose access to a safe medicine and legal system they have trusted for decades.
Part of a two-drug treatment used for abortion, mifepristone may be used in the United States during the first 10 weeks of pregnancy.
It has a long safety record and the FDA estimates that 5.6 million of Americans have used it to terminate pregnancies since it was approved in 2000.
It is likely that the federal government of the president Joe Biden appeal the decision, which will then be reviewed by an Appeals Court in New Orleans, also known for its conservatism.
For this reason, the case is expected to go before the Supreme Court of the United States, which, since its reconformation by Trump, has six conservative magistrates out of nine.
In June of last year, the Supreme Court struck down the constitutional right to terminate a pregnancy, giving each state the freedom to legislate on the matter.
Since then, fifteen of these have prohibited abortion in their jurisdiction.
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