Matthew J. Kacsmaryk

Matthew Joseph Kacsmaryk (born 1977) is a United States district judge of the United States District Court for the Northern District of Texas. He was nominated to the position by President Donald Trump in 2017, and ultimately confirmed and sworn in for the position in 2019. He is currently presiding over a lawsuit regarding the FDA's approval of abortion medication mifepristone in 2000, and has issued a preliminary ruling suspending the approval of mifepristone.

Matthew J. Kacsmaryk
Judge of the United States District Court for the Northern District of Texas
Assumed office
June 21, 2019
Appointed byDonald Trump
Preceded byMary Lou Robinson
Personal details
Born1977 (age 45–46)
Gainesville, Florida, U.S.
EducationAbilene Christian University (BA)
University of Texas, Austin (JD)

Kacsmaryk previously worked for the law firm Baker Botts in 2003 to 2008, then worked as a federal prosecutor in Texas from 2008 to 2013, and then worked for the Christian conservative legal organisation First Liberty Institute from 2014 to 2019.

Early life, education, and career

Kacsmaryk was born in 1977 in Gainesville, Florida. He graduated from Abilene Christian University in 1999 with a Bachelor of Arts, summa cum laude. He then attended the University of Texas School of Law, where he was an executive editor of the Texas Review of Law & Politics. He graduated with a Juris Doctor with honors in 2003.[1][2]

From 2003 to 2008, he was an associate in the Dallas office of Baker Botts, where he focused on commercial, constitutional, and intellectual property litigation. From 2008 through 2013, he was an assistant United States attorney in the Northern District of Texas where he was lead counsel in over 75 criminal appeals and co-counsel in high-profile criminal and terrorism trials.[1] In 2013, Kacsmaryk received the attorney general's award for excellence in furthering the interests of U.S. national security for his work in United States v. Aldawsari.[3]

From 2014 to 2019, he worked for First Liberty Institute, where he held the position of deputy general counsel.[2][4] Reuters described Kacsmaryk as a "one-time Christian activist", noting that First Liberty Institute is "a Christian conservative legal group that pursues religious-liberty cases".[5] While working for First Liberty Institute in 2015, he submitted an amicus brief for a lawsuit in the Supreme Court, and argued against a Washington law mandating that pharmacies are required to provide contraceptives.[4][6]

He has been a member of the Fort Worth chapter of the Federalist Society since 2012.[2] He has been a member of the red mass committee for the Roman Catholic diocese of Ft. Worth.[2]

Federal judicial service

On September 7, 2017, President Donald Trump nominated Kacsmaryk to serve as a United States district judge of the United States District Court for the Northern District of Texas, to the seat vacated by judge Mary Lou Robinson, who assumed senior status on February 3, 2016.[7] On December 13, 2017, a hearing on his nomination was held before the Senate Judiciary Committee.[8] On January 3, 2018, his nomination was returned to the president under Rule XXXI, Paragraph 6 of the United States Senate.[9] On January 5, 2018, Trump announced his intent to renominate Kacsmaryk to a federal judgeship.[10] On January 8, 2018, his renomination was sent to the Senate.[11] On January 18, 2018, his nomination was reported out of committee by an 11–10 vote.[12]

The American Bar Association rated Kacsmaryk "qualified" for the nomination, which is the association's second-highest ranking, below "well qualified”.[13] However, Senate Democrats and a number of LGBT advocacy groups opposed his nomination due to his writings and comments on LGBT rights and women's contraceptive rights.[14][15] He has worked on cases opposing certain LGBT protections in housing, employment, and health care.[16] He has referred to homosexuality as "disordered",[17] and to being transgender as a "delusion" and a "mental disorder".[16] He opposed the Roe v. Wade Supreme Court ruling that had legalized abortion in the United States.[13][16]

On January 3, 2019, his nomination was returned to Trump under Rule XXXI, Paragraph 6 of the United States Senate. On January 23, 2019, Trump announced his intent to renominate Kacsmaryk for a federal judgeship.[18] His nomination was sent to the Senate later that day.[19] On February 7, 2019, his nomination was reported out of committee by a 12–10 vote.[20] On June 18, 2019, the Senate voted 52–44 to invoke cloture on his nomination.[21] On June 19, 2019, his nomination was confirmed by a 52–46 vote.[17][22][23] He received his judicial commission on June 21, 2019.[24]

Kacsmaryk serves the Amarillo division of the United States District Court for the Northern District of Texas, which encompasses 26 counties in the Texas Panhandle.[25]

Notable cases

According to The Washington Post, conservative groups have employed "forum shopping" in filing lawsuits within Kacsmaryk's federal district against many Biden administration's policies; since Kacsmaryk is the only federal judge in his district, any lawsuit filed there is guaranteed to be presided over by him.[26]

In 2021, Kacsmaryk ordered the reinstatement of a Trump administration policy that required that asylum seekers wait outside U.S. territory while their claims are processed. In his order, he said that the Biden administration had ended the policy without fully considering the consequences.[27] His decision was overturned by the Supreme Court of the United States on June 30, 2022.[28]

In November 2022, Kacsmaryk ruled that the Biden administration violated the Administrative Procedure Act by interpreting the Affordable Care Act to enforce the prohibition of discrimination based on sexual orientation and gender identity within "on the basis of sex".[29]

Also in 2022, Kacsmaryk vacated protections for transgender workers enacted by the Biden administration, citing Bostock v. Clayton County saying that Title VII "prohibits employers from discriminating against employees for being gay or transgender, "but not necessarily [in the case of] all correlated conduct."[30][31]

In November 2022, the Alliance Defending Freedom, a conservative legal group, filed a lawsuit in Kacsmaryk's federal district, challenging the Food and Drug Administration's approval of mifepristone in 2000; the drug is a common form of medication abortion.[32] The location of the filing guaranteed that Kacsmaryk received the case, Alliance for Hippocratic Medicine v. US Food and Drug Administration, with the first hearing being held in March 2023.[33]

On April 7, 2023, Kacsmaryk issued a preliminary ruling suspending the FDA's approval of mifepristone. Within an hour, another federal district judge in Washington, Thomas O. Rice, ruled in a separate lawsuit that the FDA should refrain from any actions to reduce the availability of mifepristone in 17 U.S. states and the District of Columbia.[34][35][36] The judgements were criticized and lambasted by senior Democrats including the Senate majority leader Chuck Schumer. The decision was similarly criticized by the head of the Center for Reproductive Rights, who stated that there was a plan in place to appeal the decision to the Supreme Court.[37]

Personal life

Kacsmaryk is married to his wife Shelly. They have five children, with an additional child stillborn.[26][38][39]

See also

References
  1. "President Donald J. Trump Announces Seventh Wave of Judicial Candidates". whitehouse.gov. September 7, 2017. Archived from the original on March 15, 2021. Retrieved September 8, 2017 – via National Archives.Public Domain This article incorporates text from this source, which is in the public domain.
  2. "United States Senate Committee on the Judiciary: Questionnaire for Judicial Nominees: Matthew J. Kacsmaryk" (PDF). U.S. Senate Judiciary Committee. Archived (PDF) from the original on February 28, 2023. Retrieved February 18, 2023.
  3. "In 61st Year of DOJ Awards Program, Attorney General Holder Recognizes Department Employees and Others for Their Service". November 25, 2013. Archived from the original on January 18, 2022. Retrieved January 18, 2022 – via Department of Justice.
  4. Swartz, Mimi (March 14, 2023). "How a Right-wing Law Firm Shaped the Judge Who Will Rule on the Abortion Pill". Texas Monthly. Archived from the original on April 3, 2023. Retrieved April 8, 2023.
  5. Raymond, Nate (February 14, 2023). "Analysis: Abortion pill lawsuit faces Texas judge who often rules for conservatives". Reuters. Archived from the original on April 7, 2023. Retrieved April 8, 2023.
  6. Levesque, Brody (December 15, 2022). "Federal judge rules parents must be notified about contraceptives". Los Angeles Blade. Archived from the original on December 30, 2022. Retrieved April 8, 2023.
  7. "Eight Nominations Sent to the Senate Today". whitehouse.gov. September 7, 2017. Archived from the original on March 15, 2021. Retrieved September 8, 2017 – via National Archives.
  8. "United States Senate Committee on the Judiciary: Nominations for December 13, 2017". Archived from the original on November 23, 2020. Retrieved December 7, 2017.
  9. ""Congressional Record", United States Senate, January 3, 2018". Archived from the original on November 21, 2020. Retrieved January 4, 2018.
  10. "President Donald J. Trump Announces Renomination of 21 Judicial Nominees" (Press release). White House. January 5, 2018. Archived from the original on January 20, 2021. Retrieved March 3, 2021.
  11. ""Nominations Sent to the Senate Today", The White House, January 8, 2018". Archived from the original on January 20, 2021. Retrieved March 3, 2021.
  12. "Results of Executive Business Meeting" (PDF). Senate Judiciary Committee. January 18, 2018. Archived (PDF) from the original on November 1, 2020. Retrieved January 18, 2018.
  13. Ngo, Madeleine (January 19, 2019). "In middle of Pride Month, Senate confirms Texas judge who defended bakery that turned away gay couple". Dallas News. Archived from the original on August 14, 2021. Retrieved August 14, 2021. The American Bar Association rated him as "qualified," the second-best ranking, below "well qualified."
  14. Recio, Maria (January 19, 2018). "Texan gets panel's nod for federal judge post over Democrats' objections". Austin American-Statesman. Archived from the original on November 11, 2018. Retrieved November 10, 2018.
  15. Young, Stephen (January 19, 2018). "Trump-Nominated Plano Religious Hardliner One Step Away from North Texas Federal Bench". Dallas Observer. Archived from the original on December 21, 2018. Retrieved December 21, 2018.
  16. Bendery, Jennifer (June 19, 2019). "Senate Confirms Judge Who Attacked Roe v. Wade, Called Being Transgender 'A Delusion'". Huffington Post. Archived from the original on June 21, 2019. Retrieved June 21, 2019.
  17. Itkowitz, Colby (June 19, 2019). "Senate confirms Trump judicial nominee who called homosexuality 'disordered'". The Washington Post. Archived from the original on June 20, 2019. Retrieved June 20, 2019.
  18. "President Donald J. Trump Announces Intent to Nominate Judicial Nominees". White House. January 23, 2019. Archived from the original on February 9, 2021. Retrieved March 3, 2021.
  19. "Nominations Sent to the Senate". White House. January 23, 2019. Archived from the original on January 20, 2021. Retrieved March 3, 2021.
  20. "Results of Executive Business Meeting – February 7, 2019, Senate Judiciary Committee" (PDF). U.S. Senate Judiciary Committee. Archived (PDF) from the original on December 6, 2020. Retrieved February 18, 2023.
  21. "On the Cloture Motion (Motion to Invoke Cloture: Matthew J. Kacsmaryk to be U.S. District Judge for the Northern District of Texas)". United States Senate. June 18, 2019. Archived from the original on July 5, 2019. Retrieved June 19, 2019.
  22. Moreau, Julie (June 19, 2019). "Trump pick slammed as 'anti-LGBTQ activist' gets lifetime judicial appointment". NBC News. Archived from the original on June 20, 2019. Retrieved June 20, 2019.
  23. "On the Nomination (Confirmation Matthew J. Kacsmaryk, of Texas, to be U.S. District Judge for the Northern District of Texas". United States Senate. June 19, 2019. Archived from the original on October 12, 2022. Retrieved October 9, 2022.
  24. Matthew J. Kacsmaryk at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.
  25. "Press Release: Judge Matthew Joseph Kacsmaryk". txnd.uscourts.gov. July 1, 2019. Archived from the original on January 28, 2021. Retrieved January 20, 2021.
  26. Kitchener, Caroline; Marimow, Ann (February 25, 2023). "The Texas judge who could take down the abortion pill". The Washington Post. Archived from the original on February 25, 2023. Retrieved February 25, 2023.
  27. "U.S. and Mexico reach deal to restart Trump-era 'Remain in Mexico' program along border". The Washington Post. December 1, 2021. ISSN 0190-8286. Archived from the original on December 2, 2021. Retrieved December 2, 2021.
  28. Liptak, Adam (June 30, 2022). "Supreme Court Sides With Biden's Efforts to End 'Remain in Mexico' Program". The New York Times. Archived from the original on September 1, 2022. Retrieved June 30, 2022.
  29. Leonard, Arthur S. (November 15, 2022). "Trump judge rules against Biden administration on LGBTQ ACA protections". gaycitynews.com. Archived from the original on January 23, 2023. Retrieved January 23, 2023.
  30. Murney, Michael (October 7, 2022). "Texas federal judge guts transgender worker protections in new ruling". Laredo Morning Times. Archived from the original on January 23, 2023. Retrieved January 23, 2023.
  31. Murphy, Colleen (October 13, 2022). "Federal Judge in Texas Declares Title VII Guidance Issued by Federal Agencies 'Unlawful'". Texas Lawyer. Archived from the original on January 23, 2023. Retrieved January 23, 2023.
  32. Quinn, Melissa (March 2, 2023). "Meet the federal judge set to rule in a case that could disrupt access to the abortion pill". CBS News. Archived from the original on March 19, 2023. Retrieved March 20, 2023.
  33. Nowell, Cecilia (March 15, 2023). "Access to abortion pill in the balance as Texas judge hears mifepristone case". The Guardian. Archived from the original on March 19, 2023. Retrieved March 20, 2023.
  34. Sneed, Tierney (April 8, 2023). "Rival rulings on medication abortion hypercharge the post-Roe legal war". CNN. Archived from the original on April 8, 2023. Retrieved April 8, 2023.
  35. Belluck, Pam (April 7, 2023). "Texas Judge Invalidates FDA Approval of the Abortion Pill Mifepristone". The New York Times. Archived from the original on April 8, 2023. Retrieved April 7, 2023.
  36. Weber, Paul; Perrone, Matthew; Whitehurst, Lindsay (April 8, 2023). "Access to abortion pill in limbo after competing rulings". Associated Press. Archived from the original on April 7, 2023. Retrieved April 8, 2023.
  37. Aratani, Lauren (April 8, 2023). "'What next?' Schumer lambasts Texas judge's abortion pills ruling". The Guardian. Retrieved April 9, 2023.
  38. "Press Release: Judge Matthew Joseph Kacsmaryk". Web.Archive.org "United States District Court Northern District of Texas". July 1, 2019. Archived from the original on July 15, 2019. Retrieved July 15, 2019.{{cite web}}: CS1 maint: bot: original URL status unknown (link)
  39. Watkins, Matthew (July 3, 2019). "New U.S. District Judge appointed to Amarillo Division of Northern District of Texas". KVII-TV. Archived from the original on March 20, 2023. Retrieved March 20, 2023.
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