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Court Rejects FDA’s Abortion Scheme

The opinions expressed by columnists are their own and do not necessarily represent the views of
Charlie Neibergall

Throughout the 1980s and 1990s, the abortion industry pushed the FDA to approve the import and sale of the abortion pill dubbed RU-486 by its French manufacturer. The slang term “86” means to eject or throw something or someone away, so the pill’s trade name truthfully conveyed its demonic effect of throwing away a human life.


In the waning months of Bill Clinton’s presidency, the FDA responded to pro-abortion pressure by rushing its approval of this abortion drug, but only by falsely treating pregnancy as an illness, instead of a natural and healthy part of a woman’s life. Studies confirm that carrying a pregnancy to term, especially before age 30, is beneficial to a woman’s long-term health.

The FDA’s improper approval was promptly challenged more than a decade ago. But the FDA “postponed and procrastinated for nearly 6,000 days,” observed a federal court ruling in Texas on Good Friday.

Two days later, Biden’s Secretary of Health and Human Services, Xavier Becerra, lashed out against the judge’s ruling, ominously declaring that “everything is on the table.” That kind of strong rhetoric is what liberals frequently criticize Trump for.

The court’s decision cited studies showing how physically and mentally harmful the abortion pill can be to pregnant women and girls. The pill was approved by the FDA for the benefit of the abortion industry, not to help women.

“Compelling evidence suggests the statistics provided by FDA on the adverse effects of chemical abortion understate the negative impact the chemical abortion regimen has on women and girls,” ruled Judge Matthew Kacsmaryk. He added, “the abortionist that prescribed the drugs is usually not the provider to manage the mother’s complications.”


So chemical abortion is just another type of hit-and-run abortion that enriches the abortion industry, with much of that money plowed back into electing liberal politicians and judges. Tens of millions of dollars from out of state recently poured into Wisconsin to elect a supporter of the abortion industry to its state supreme court, tilting that court to 4-3 Democrat.

In states that permit ballot initiatives, such as Missouri and Ohio, the abortion industry will put initiatives to expand abortion on the ballot, and will spend many millions to pass them. That’s what the abortion industry did in Michigan last year, and as a result both houses of the state legislature flipped to Democrat control.

The author of the Good Friday decision against the abortion pill was appointed by Trump. Biden’s appeal goes to the Fifth Circuit, which boasts more superb Trump-appointed judges, and from there to the Supreme Court, which last year consigned Roe v. Wade to the proverbial ash heap of history.

More than half the abortions in the U.S. today are chemical rather than surgical. To hide the harm caused by this chemical warfare against the unborn, more than 60% of emergency room visits after taking the abortion pill are miscoded as “miscarriages” rather than as adverse effects of abortion.


Democrats view abortion as a politically winning issue for them, but that requires concealing its harmful consequences. Judge Kacsmaryk did a tremendous public service by explaining the adverse effects that Biden and the Democrats conceal.

Some of the harm is emotional, as the abortion pill typically causes the mother to see the living being she just aborted. Such video images have been posted on TikTok, to the dismay of censorship-prone liberals.

“Eighty-three percent of women report that chemical abortion ‘changed’ them – and seventy-seven percent of those women reported a negative change,” wrote Judge Kacsmaryk, citing a scientific study. “Thirty-eight percent of women reported issues with anxiety, depression, drug abuse, and suicidal thoughts because of the chemical abortion,” he continued.

The Biden Administration is not transparent about this harm, and instead pushes a destructive drug on red states that do not want it. Corporate executives whose companies have benefited from other Biden mandates, such as the CEO of Pfizer, jumped in as though on cue to insist on what Democrats demand.

Under our Constitution, legalizing and promoting chemical abortions is something that would require extensive public hearings and a vote in Congress. It should not be enacted in secret by unelected FDA bureaucrats who are lobbied or captured by the pharmaceutical industry they are supposed to regulate.


Federal law “indicates a national policy of discountenancing abortion as inimical to the national life,” held Judge Kacsmaryk while quoting a legal precedent. Indeed, a specific federal statute prohibits use of the U.S. Mail or commercial services from delivering abortion drugs across state lines.

The legality of the FDA’s process for imposing an abortion drug nationwide is for the courts and Congress to properly decide in our Republic. Some complain that this decision undermines the FDA’s authority, but that is just what a good doctor would order.

John and Andy Schlafly are sons of Phyllis Schlafly (1924-2016) and lead the continuing Phyllis Schlafly Eagles organizations with writing and policy work.

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