This excerpt is from a piece that originally ran on March 15, 2023.
Kacsmaryk himself cannot “ban” mifepristone or “stop it from being sold,” says David S. Cohen, a law professor at Drexel University, and drugs that don’t have FDA approval can sometimes still be sold and marketed. According to Cohen, “how the FDA and drug companies react is probably even more important” than Kacsmaryk’s ruling.
Kacsmaryk was long part of the First Liberty Institute, a conservative, hyper-religious group that staunchly condemns abortion. Kacsmaryk was appointed to the federal bench by former President Donald Trump, a decision that received backlash from organizations such as Alliance for Justice, a progressive judicial advocacy group.