



Republican Rep. Nancy Mace of South Carolina has criticized the Texas judge who halted the U.S. Food and Drug Administration (FDA) approval of the chemical abortion drugs mifepristone and misoprostol.
U.S. District Court Judge Matthew Kacsmaryk of Texas issued an opinion on Friday, granting a preliminary injunction on the use of the drugs and ordering the reversal of the FDA’s approval.
Mace, who has advocated for abortion access in the past, argued during a Monday interview on “CNN This Morning” that the judge’s decision was erroneous and that the FDA should disregard the ruling.
Mace stated that the judge used an act or law from the 1800s, which the Supreme Court deemed unconstitutional in 1983, to justify his decision.
She emphasized that the drugs were FDA-approved and that the agency, rather than the judge, should determine their usage.
Tweeting on the issue, Mace reiterated her argument that the judge’s reliance on the outdated Comstock Act from 1873, ruled unconstitutional by the Supreme Court in 1983, was incorrect.
She stressed that the FDA’s decision should be respected, and women deserve better.
In his decision, Judge Kacsmaryk argued that plaintiffs suing the FDA over the dangers of chemical abortion pills had “credibly alleged past and future harm” due to the drugs’ approval.
He further noted that the FDA itself had “serious reservations” about the safety of the drugs but approved them regardless.
Kacsmaryk wrote, “Despite its ‘serious reservations’ about mifepristone’s safety, FDA approved a regimen that relied on a self-certification that a prescribing physician has the ability to diagnose ectopic pregnancies.”
The judge’s decision has drawn attention to the ongoing debate surrounding abortion access and the role of the FDA in regulating such drugs.