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April 7, 2023judicialFDA drug regulationabortion rightsjudicial reviewmedication abortionfederal courtspharmaceutical regulationreproductive health

Texas judge Kacsmaryk suspends FDA mifepristone approval, Supreme Court stays order same day

Federal district judge Matthew Kacsmaryk in Amarillo, Texas, issues a ruling suspending the FDA''s 2000 approval of mifepristone nationwide, which would remove the drug from the market entirely. The ruling comes in a case brought by the Alliance for Hippocratic Medicine, a physician group with its mailing address at Judge Kacsmaryk''s courthouse. Within hours, the Supreme Court issues an emergency stay halting Kacsmaryk''s order while appeals proceed. The case reveals the anti-abortion legal strategy: file in a single-judge division where a sympathetic judge can issue nationwide injunctions affecting a 23-year-old FDA approval. The stay preserves access temporarily, but the litigation path reaches the Fifth Circuit and ultimately the Supreme Court.