Coale Speaks with Three Texas Outlets on Legal Path Forward for Federal Title X Program

Following U.S. District Judge Matthew Kascmaryk’s ruling to suspend the approval of mifepristone, an abortion-inducing drug, the U.S. Food and Drug Administration has seven days to appeal the decision. LPHS attorney David Coale spoke about the foreseeable, nationwide legal battle this ruling presents to abortion accessibility to three Texas media outlets.

“This is a pretty wispy standing argument,” said David to the Texas Tribune. “It’s going to have a hard time if it goes up on standing issues before the 5th [U.S. Circuit Court of Appeals]. There are judges who are certainly receptive to the plaintiff’s criticism of the FDA and where the plaintiffs are going, but standing is a serious matter for judicial conservatives.” Coale also spoke with Good Day Fox 4 , saying “We’re in the middle of the process right now, and a long way from the final ruling.” In an interview with Law360, David said, “I think there are conservative judges on the Fifth Circuit who are comfortable with the merits of the decision, but as conservatives, will be uneasy about the basis for the plaintiffs’ standing and thus the involvement of federal courts in this issue.”

Shortly after Kascmaryk’s ruling, another ruling out of Washington state, directed the FDA to maintain its current approval of the abortifacient. With both decisions coming presenting opposing sides, the issue is likely to be taken by the United States Supreme Court to resolve the current case.