Another Forum-Shopped Young Texan / Trump Appointee... Preposterously Decides He Knows More About Pharmacological Experiences and Effects Than 20 Years' History On Market At FDA...

Well. . . Matthew J. Kacsmaryk, the only USDC judge in the division of his district in northern Texas (thus, if conservatives file there, they can be certain to get him -- and only him -- as their judge!) was handed a chance -- and he took it.

No matter that he has no pharmacological training, or medical training of any sort. It only matters that Tangerine appointed him without any real litigation experience, other than religious rights cases, to a life-time seat since he had shown unwavering devotion to hard right causes.

The only good news here is that his unhinged ruling is stayed, while the government appeals to the Fifth Circuit. And a capable USDC Judge in Washington State has already (employing Heckler deference) ruled that in view of FDA approvals granted two decades ago, never since revoked. . . with 20 years of largely uneventful use in the US markets (and now even with generic versions on market), the courts should not be second guessing an agency charged with safe delivery of drugs -- drugs that in many cases, may save the life of the putative mother.

Read that garbage opinion if you like. . . but it will be tomorrow's fish wrap soon -- never regarded as good law. In fact, Kacsmaryk had previously ordered the reinstatement of Tangerine's putative requirement that asylum seekers wait outside the US while their claims were adjudicated. In his order, he said that Mr. Biden had ended the policy without fully considering the consequences of the decision (not a proper scope of review for a USDC judge, again). That opinion was vacated by the Supreme Court of the United States on June 30, 2022.

Expect much the same here. Onward.

नमस्ते