Judge Matthew Kacsmaryk asked lawyers if mailing the pills should be prohibited because of a 19th-century law that bans sending articles 'for indecent..immoral use' through the Postal Service. Texas judge questions safety of FDA approval of abortion pill:
In this image from video from the Senate Judiciary Committee, Matthew Kacsmaryk listens during his confirmation hearing before the Senate Judiciary Committee on Capitol Hill in Washington, on Dec. 13, 2017. U.S. District Judge Matthew Kacsmaryk is holding a hearing in a case that could throw into jeopardy access to the nation's most common method of abortion.
At the close of the four-hour hearing, Kacsmaryk said he would issue his ruling as soon as possible, potentially disrupting access to mifepristone even in states where abortion is legal and protected. His decision will likely be appealed to the conservative U.S. Court of Appeals for the 5th Circuit and the case could eventually reach the Supreme Court.
The plaintiffs have asked Kacsmaryk to issue a preliminary injunction ordering the FDA to withdraw or suspend approval of mifepristone. "No, I can't," Baptist said. He then noted that individuals spent years trying to challenge the drug's approval internally through the FDA. Much of Wednesday's hearing focused on federal regulations and FDA processes. It did not delve into the legality of abortion or when life begins.
A few minutes before the hearing adjourned, Kacsmaryk sought confirmation that the plaintiffs were not also challenging FDA approval of misoprostol.
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