A U.S. judge will hear arguments Wednesday in a high-stakes court case that could threaten access to medication abortion and blunt the authority of U.S. drug regulators.
Kacsmaryk told attorneys in the case Friday that he would delay the filing to minimize threats and possible protests, a development first reported by The Washington Post. He also asked the lawyers not to disclose the date of the hearing,Such actions by a judge are highly unusual because court proceedings are almost always open to the public and transparency is an underlying assumption of the American judicial system.
On Wednesday, Kacsmaryk will hear arguments in Amarillo from the Alliance for Defending Freedom — which filed its lawsuit on behalf of several anti-abortion groups and physicians — as well as federal attorneys representing the FDA. The drug’s manufacturer, Danco Laboratories, is also a party in the case and set to argue for keeping its pill available.
If Kacsmaryk rules against the FDA, federal attorneys are expected to swiftly appeal the decision and seek an emergency stay to stop it from taking effect while the case proceeds.
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