A decision on the lawsuit could come as early as this week.
Thousands of people walk in a pro-abortion protest march around downtown San Antonio on June 24, 2022., The Texas Tribune’s daily newsletter that keeps readers up to speed on the most essential Texas news.
The case was filed in Amarillo, where U.S. District Court Judge Matthew Kacsmaryk, nominated by President Donald Trump and known for his conservative views on issues like same-sex marriage and abortion, could rule as early as this week. An appeal would land in the right-leaning Fifth Circuit Court of Appeals, ultimately presenting the Supreme Court with another major abortion case less than a year after its conservative majority retracted the constitutional right to abortion.
The FDA has repeatedly deemed the two-step medication abortion protocol to be a safe and effective alternative to surgical abortions. But the conservative group’s 113-page lawsuit argues that the FDA chose politics over science when it approved “chemical abortion drugs,” purposely ignoring what the plaintiffs claim are potentially harmful side effects.
At the Alexandria, Va., Whole Woman’s Health clinic last week, Becerra pointed the lawyers to the Justice Department, which he said was “paying close attention” to the Texas case. His staff declined to comment further. “I don’t think it’s a stretch at all,” said Amy Hagstrom Miller, chief executive of Whole Woman’s Health, a network of abortion clinics with locations across several states, including Texas before the Supreme Court ruling triggered a law banning almost all abortions there. “I have a lot of experience with these crazy legal theories that sound radical in Texas actually becoming reality.”
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