Lawyer in abortion pill case responds to forum shopping accusations

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A conservative group is suing the FDA over medication abortion. Here’s why

Lawyers who filed a lawsuit challenging the FDA's approval of a popular abortion drug respond to critics who say filing the suit in Texas is judge shopping.

A lawyer for a legal group accused of forum shopping in a case over a popular abortion pill said she's confident that any judge would rule in their favor based on the merits.

The Alliance Defending Freedom filed a lawsuit in November against the Food and Drug Administration alleging that mifepristone — a drug commonly used for medication abortion and miscarriage management — was not tested to the agency's full standards before being released onto the market over 20 years ago. Critics have said the lawsuit, filed in Amarillo, Texas, is an example of forum shopping, where plaintiffs file in courts where they feel likely to land a judge that will rule in their favor.

"We're very confident that any judge who looks at the FDA regulations and what the FDA actually did is going to rule for us," ADF's Center for Life Director Denise Harle told Fox News in response to the forum shopping accusations. "That's what we're looking for, just a fair trial, a fair opportunity to make our arguments to the court."

LAWYER RESPONDS TO FORUM SHOPPING ACCUSATIONS IN ABORTION PILL CASE:

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"It's very clear if you go back and look at what the FDA is supposed to do before allowing drugs on the market, that it has to do actual research, studies and testing on what's going to be allowed out to the public," Harle said. "That never happened here."

The U.S. District Court of Northern Texas, where the suit was filed, is overseen by Judge Matthew Kacsmaryk, who was appointed by then-President Trump. Should Kacsmaryk rule in favor of the lawsuit, mifepristone could be pulled from the market nationwide.

A decision on the case can come at any moment.

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Denise Harle, a director at the Alliance Defending Freedom, says the FDA did not properly approve the popular abortion pill mifepristone.  (Fox News Digital)

"Our plaintiffs are based in Amarillo," Harle said. "Dr. Jester is an ER physician there, and he's actually treated women who have come in harmed by these drugs."

"He's seen them come into the emergency room hemorrhaging, and he's been harmed, they've been harmed," Harle continued. "And he's had his resources diverted away from other patients because he's having to deal with the aftermath of the FDA's reckless actions."

But critics feel conservatives are seeking out Kascmaryk.

DEMOCRAT AGS SUE FDA ON ABORTION MEDICATION RESTRICTION, CLAIM IT'S 'SAFER' THAN VIAGRA

Attorneys general in 12 Democratic-led states sued the Food and Drug Administration, challenging their restrictions on the distribution of mifepristone, an abortion pill, alleging that they aren't supported by evidence. (Reuters)

"Conservative groups have zeroed in on the Amarillo division of the Northern District of Texas as a go-to place to challenge a wide range of Biden administration policies," a Washington Post article states. It also says Kacsmaryk holds "deep antiabortion beliefs."

Kascmaryk, a devout Christian, solidified his belief that lives should be treasured after his sister gave a child up for adoption at age 17, his sister told The Post.

In its lawsuit, the ADF argued that the FDA erroneously classified pregnancy as an illness to approve mifepristone. It also said the drug isn't safer than surgery and that the agency, as a result, has put patients' health at risk.

Legal critics have called the suit baseless. Critics also argue that banning mifepristone could harm those seeking medical treatment.

"This is not just an attack on women’s fundamental freedoms. It is an attack on the very foundation of our public health system," Vice President Kamala Harris said of the lawsuit last week during a press conference on abortion.

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Mifepristone has been used in nearly 5 million abortions from September 2000 through June 2021, according to an FDA estimate. Medication abortions – abortions induced by pills – accounted for over 54% of abortions nationwide in 2020, according to the Guttmacher Institute.

"We believe [our case] will be upheld in district court and on appeal, even if it takes us all the way to the Supreme Court," Harle told Fox News. 

To watch the full interview with Harle, click here.