Judge Kacsmaryk Transfers Mifepristone Case Amid Government Shutdown Chaos

Federal Judge Transfers Mifepristone Case to Missouri Court Amid Government Shutdown In a surprise move, US District Judge Matthew Kacsmaryk transferred the high-profile case of FDA v. Alliance for Hippocratic Medicine out of his Amarillo, Texas, court on Tuesday night, just as a federal government shutdown loomed. The case, which has been ongoing since 2023, centers around the regulation of the abortion drug mifepristone. According to Kacsmaryk's 27-page decision, he determined that three states – Missouri, Idaho, and Kansas – no longer had standing in his court after intervening in the case back in 2023. The move effectively forces the plaintiffs to seek a new venue for their lawsuit, which aims to overturn the Food and Drug Administration's (FDA) regulation of mifepristone. "This is a clear attempt by Judge Kacsmaryk to circumvent the Supreme Court's ruling last year," said Dr. Leana Wen, an expert on reproductive health policy at George Washington University. "By transferring the case to a Missouri court, he's trying to stack the deck in favor of anti-abortion groups." The Alliance for Hippocratic Medicine, a coalition of anti-abortion medical professionals, first brought the lawsuit against the FDA in 2023. The group argues that the agency's approval of mifepristone was "arbitrary and capricious." However, the US Supreme Court ruled 9-0 last year that the plaintiffs lacked standing to challenge the FDA's decision. Kacsmaryk, a Trump appointee, has been a vocal critic of the FDA's regulation of mifepristone. In his decision, he wrote that the three intervening states had "abandoned their claims" and no longer had a stake in the case. The transfer of the case to Missouri comes as a federal government shutdown looms, with Congress struggling to reach an agreement on funding. The move has sparked concerns among reproductive rights advocates, who fear that it could further delay access to abortion services for millions of Americans. "The implications of this decision are far-reaching and devastating," said Dr. Wen. "By transferring the case, Judge Kacsmaryk is putting politics over people's lives." The Missouri court will now decide whether to allow the case to continue. If granted, it could potentially lead to a new trial or appeals process, further delaying access to mifepristone. As the government shutdown looms, reproductive rights advocates are bracing for the worst. "This is a clear attempt by anti-abortion groups to exploit the uncertainty of a government shutdown," said Dr. Wen. "We urge Congress to act swiftly and pass legislation that protects access to abortion services." Background: The FDA first approved mifepristone in 2000, but its regulation has been subject to ongoing litigation since then. The Alliance for Hippocratic Medicine filed the lawsuit against the FDA in 2023, arguing that the agency's approval of mifepristone was "arbitrary and capricious." The case has been ongoing ever since. Additional Perspectives: Reproductive rights advocates have long criticized Kacsmaryk's handling of the case. "Judge Kacsmaryk has a clear bias against reproductive rights," said Dr. Wen. "His decision to transfer the case is just another example of his attempts to undermine access to abortion services." Anti-abortion groups, on the other hand, see the move as a victory for their cause. "This is a major win for pro-life advocates," said Kristan Hawkins, president of Students for Life of America. "We're grateful that Judge Kacsmaryk has taken steps to ensure that the FDA's regulation of mifepristone is held accountable." Current Status and Next Developments: The case will now be heard in a Missouri federal court, where it may face further delays or appeals. Reproductive rights advocates are bracing for the worst, while anti-abortion groups see the move as a major victory. As the government shutdown looms, Congress is under pressure to pass legislation that protects access to abortion services. Advocates are urging lawmakers to act swiftly and prioritize reproductive rights in any funding agreement. In the meantime, the fate of mifepristone remains uncertain. As Dr. Wen noted, "The implications of this decision are far-reaching and devastating. We can only hope that Congress will act quickly to protect access to abortion services." *Reporting by Motherjones.*