Matthew Kacsmaryk could make it impossible to get the abortion pill — even in states like Vermont, California, and New York.
have previously investigated and put to rest). It claims that an 1873 vice law that made it illegal to send “obscene, lewd or lascivious” material through the mail applies to abortion pills . And it claims the drug’s original approval wasn’t supported by evidence of safety and efficacy — “which is just junk science,” says Carrie Flaxman, senior director of public policy litigation and law at the Planned Parenthood Federation of America.
In their response to the lawsuit, made available online Tuesday, lawyers for the Department of Justice outlined its various defects and formally asked the judge to dismiss it.
But even those strong words understate the potential fallout of an injunction. “This would be a de facto national ban on an FDA-approved product that’s been around, and in use, for 20 plus years,” says Kirsten Moore, director of the EMAA Project, which works to expand access to medication abortion. “It is crazy-making, absolutely crazy-making.”
Before he was installed in a lifetime position on the federal bench, Kacsmaryk was the deputy general counsel for First Liberty Institute, a Christian conservative litigation shop known for taking on high-profile culture war cases.
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