A Texas judge hearing a case that could throw into jeopardy access to the nation's most common method of abortion is a former attorney for a Christian legal group who critics say is being sought out by conservative litigants because they believe he'll be sympathetic to their causes.
U.S. District Judge Matthew Kacsmaryk, who's considering a lawsuit aimed at putting a nationwide halt to use of the drug mifepristone, was appointed by President Donald Trump and confirmed in 2019 over fierce opposition by Democrats over his history opposing LGBTQ rights. Mifepristone blocks the hormone progesterone in the body and is used with the drug misoprostol to end pregnancy within the first 10 weeks.
"Why are all these cases being brought in Amarillo if the litigants who are bringing them are so confident in the strength of their claims? It's not because Amarillo is convenient to get to," said University of Texas law professor Stephen Vladeck. "I think it ought to alarm the judges themselves, that litigants are so transparently and shamelessly funneling cases to their courtroom.
Before the abortion pill case, Kacsmaryk was at the center of a legal fight over Trump's "Remain in Mexico" policy, which required tens of thousands of migrants seeking asylum to wait in Mexico for hearings in U.S. immigration court. In another case -- brought by states challenging a Department of Labor rule -- the Justice Department wrote in a recent court filing that "there is no apparent reason--other than judge shopping" that explains why the lawsuit was filed in Amarillo.
A year later, he signed a letter that quoted another article as describing the "belief that one is trapped in the body of the wrong sex" as a "fixed, irrational belief" that is "appropriately described as a delusion."
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