Jessica Levinson: The right’s case against abortion pills is meritless. But it might still work. Here's why.
But none of that is stopping some anti-abortion activists from filing a lawsuit in a federal court in Texas to undo the FDA’s approval of mifepristone. They claim that in approving mifepristone, the FDA abdicated its responsibility to protect women and girls. There’s no factual or legal merit to the suit, but that doesn’t mean it will be unsuccessful.
The real point of the suit, quite obviously, is to make it more difficult for women to have abortions, even in blue states where abortions are legal. When the Supreme Courtit left it up to the states about whether to ban, restrict or allow abortion. It also left open the possibility that the federal government could restrict the methods used to obtain an abortion.
It was predictable that anti-abortion activists would try to chip away at the easiest and most common form of abortion. District Court Judge Matthew Kacsmaryk, appointed by former President Donald Trump, will be the first to decide the case. Kachmaryk is
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