Legal experts say a Texas judge’s ruling on mifepristone may sow chaos in how the agency regulates medicines
In attacking the FDA’s approval of mifepristone, the Alliance Defending Freedom’s legal arguments are not necessarily new — in 2000, abortion foes publicly ripped the use of Subpart H. Citizen petitions were filed in 2002 and 2019. They were rejected, paving the way for the lawsuit filed last fall.· That pregnancy is not an illness and the “dangerous drugs” don’t provide a more meaningful benefit over surgical abortion.
“The FDA is virtually never reversed by a court on scientific decisions because courts invariably recognize that they don’t have the expertise to make scientific decisions,” said Scott Lassman, a D.C. attorney who specializes in FDA regulatory issues. “And it is even more rare — I’d say unheard of — for this type of scientific challenge to be made in court 20 years after FDA’s decision.”
The judge could rule in a variety of ways, some of which could open the door to lawsuits from doctors and others challenging the FDA’s approval of other drugs,, a nonprofit organization focusing on national health issues and the U.S. role in global health policy.
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