Republican Rep. Nancy Mace of South Carolina said on “CNN This Morning” that the Texas judge who halted the U.S. Food and Drug Administration (FDA) approval of the chemical abortion drugs mifepristone and misoprostol had made a mistake.
U.S. District Court Judge Matthew Kacsmaryk of Texas issued the opinion Friday and granted a preliminary injunction on the use of the drug and ordered the reversal of the drugs’ approval by the FDA. Mace, who has pushed for abortion access in the past, argued during the interview Monday that the judge’s decision was in error and that the FDA should ignore the ruling.
“In fact, when you look at the court case and the ruling here the judge used an act or a law from the 1800s that was overturned by the Supreme Court in 1983, over one hundred years later, roughly, that that law was unconstitutional,” Mace said. “This is an FDA-approved drug. Whether you agree with its usage or not, that’s not your decision. That is the FDA’s decision.”
Mace’s office directed the Daily Caller News Foundation to several tweets she made following the interview in response to a request for comment.
“A judge cited the Comstock Act from 1873, which was ruled unconstitutional by SCOTUS in 1983, to block a @US_FDA approved drug,” Mace wrote on her official Twitter account Monday. “Whether you agree with its usage or not, that’s not your decision. It is the FDA’s decision. Women are watching, and they deserve better.”
Kacsmaryk argued in his decision that plaintiffs suing the FDA in a lawsuit over the dangers of chemical abortion pills have presented “credibly alleged past and future harm” by way of the FDA’s approval of the drugs. The judge further noted that even the agency had “serious reservations” regarding the drugs but approved them anyway.
“In September 2000, FDA abandoned its safety proposals and acquiesced to the objections of the Population Council and Danco,” Kacsmaryk wrote. “Despite its ‘serious reservations’ about mifepristone’s safety, FDA approved a regimen that relied on a self-certification that a prescribing physician has the ability to diagnose ectopic pregnancies.”
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