A federal judge in Texas has publicly scheduled a hearing in a lawsuit that seeks to block the sale of a key abortion drug nationwide, after having tried to delay its announcement to avoid possible disruptions and protests.
(Bloomberg) — A federal judge in Texas has publicly scheduled a hearing in a lawsuit that seeks to block the sale of a key abortion drug nationwide, after having tried to delay its announcement to avoid possible disruptions and protests.
US District Judge Matthew Kacsmaryk held a private call with lawyers for both parties on Friday to schedule oral arguments on a request for a preliminary injunction. The judge asked the attorneys to keep the details private so he could delay publicizing the event, according to an article in the Washington Post. The hearing is set for Wednesday, but Kacsmaryk said he planned to keep the date secret until late Tuesday, according to the report.
The move drew scrutiny from advocacy groups and media outlets, including a group of news organizations that argued Kacsmaryk’s decision to delay its announcement was unconstitutional.
“No compelling governmental interest justifies the court’s actions,” Peter Steffensen, a lawyer at Southern Methodist University’s First Amendment Clinic, said in the submission on behalf of the news organizations. “The court cannot constitutionally close the courtroom indirectly when it cannot constitutionally close the courtroom directly.”
Hours after the objection was filed Monday, the judge’s order scheduling the hearing was posted on the public court docket.
The hearing will focus on a request from the anti-abortion group behind the lawsuit to temporarily reverse government approval of mifepristone, a drug used in medication abortion. Should Kacsmaryk choose to issue such an order, the sale of the pill would be blocked nationwide while the lawsuit proceeds.
The high-profile case has drawn focus from advocates on both sides of the issue, as well as health professionals and medical associations who have been bracing for a ruling on the temporary order for weeks. Dozens of states and advocacy organizations have filed briefs with the court, arguing for or against the order.
Kacsmaryk was nominated to the bench by President Donald Trump and has been criticized by Alliance for Justice President Nan Aron as someone who “harbors strong hostility to LGBTQ people and to women’s rights.”
Kacsmaryk didn’t immediately respond to a request for comment left on a voicemail with his courtroom deputy.
The organizations behind Monday’s objection include the Reporters Committee for Freedom of the Press, The Washington Post, NBC Universal News Group, ProPublica, Inc., Texas Press Association, The Freedom of Information Foundation of Texas, The Markup, and Gannett Co.
The case is Alliance for Hippocratic Medicine v. U.S. Food and Drug Administration, 2:22-cv-00223, US District Court, Northern District of Texas (Amarillo).
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