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A conservative activist judge, Matthew Kacsmaryk, based in the Northern District of Texas, has come under fire for his attempt to conceal a hearing on a contentious abortion case. The judge is known for his controversial rulings, having issued nationwide injunctions on immigration and laws protecting transgender workers from discrimination. Now, he is set to preside over a case involving mifepristone, a commonly used abortifacient.
The case has been brought before Judge Kacsmaryk by a coalition of anti-abortion groups calling themselves the Alliance for Hippocratic Medicine. They argue that the FDA exceeded its regulatory authority when it approved the drug, which they claim provides no therapeutic benefit over surgical abortion since pregnancy is not an illness.
But what’s more concerning is the judge’s attempt to keep the hearing off the public docket until Tuesday night to “minimize disruptions” and keep protestors away. This has led to criticism from legal experts and media intervenors, who have argued that the public’s right access to judicial proceedings is fundamental and that preventing First Amendment activity is inappropriate grounds to seal a minute order.
The judge’s website page on the Northern District of Texas website warns that parties seeking to file a specific document under seal must move for leave to do so, brief the legal authorities indicating the risks of disclosure outweigh the public’s right to know and explain that no other viable alternative to sealing exists. Judge Kacsmaryk cites two Fifth Circuit abortion decisions in support of this prohibition.
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Despite this, the judge has attempted to conceal the hearing sub rosa by asking attorneys to keep quiet about it as a “courtesy.” However, this attempt has backfired spectacularly, with a coalition of media intervenors filing an objection to the court’s failure to docket the case, noting that “no compelling governmental interest justifies the Court’s actions.”
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The judge’s cack-handed effort to hide the hearing has instead focused a klieg light on it, illuminating once again that this is a ridiculous, partisan exercise. As legal reporter Chris Geidner points out, it’s more than a little ironic that the judge seeks to shield his courtroom from the protest. In contrast, women seeking medical care are barraged daily by activists exercising their First Amendment right to hurl abuse.
This case highlights the danger of having single-judge districts like the Northern District of Texas’s Amarillo section, where the GOP parked conservative activist Matthew Kacsmaryk, making the town the premiere destination for judge shopping. This rigged game, combined with the efforts of conservatives like Leonard Leo and Senator Mitch McConnell, sets the stage for a rollback of a generation’s worth of legislation protecting women, minorities, and LGBTQ+ Americans.
In conclusion, Judge Kacsmaryk’s attempt to conceal the abortion hearing has backfired spectacularly, with media intervenors objecting to the court’s failure to docket the case. The judge’s actions have been criticized as inappropriate, with legal experts arguing that the public’s proper access to judicial proceedings is fundamental, and preventing First Amendment activity is not an appropriate reason to seal a minute order. This case highlights the danger of having single-judge districts where judges can be hand-picked and highlights the potential roll-back of important legislation protecting vulnerable groups in America.
