FDA Names Legal Counsel Who Defended Abortion Pill Under Biden

National   |   Steven Ertelt   |   Mar 12, 2025   |   11:19AM   |   Washington, DC

In a move that could draw opposition from pro-life groups, President Trump’s nominee for FDA Commissioner has picked an attorney as the agency’s top lawyer who defended the abortion pill during the Biden administration.

FDA commissioner-designate Marty Makary, who is a pro-life doctor praised by pro-life groups as President Donald Trump’s nominee to head the FDA, has reportedly selected Hilary Perkins as FDA chief counsel. Perkins defended the availability of abortion pills that have killed millions of babies in court as an attorney for the DOJ during the Biden administration.

However, some could say Perkins is merely a government attorney doing her job to defend the agenda of whatever president may be in office.

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Perkins was a DOJ attorney who joined the department during Trump’s first term. She was a Trial Attorney at Consumer Protection Branch who started work there in April 2019 and moved up to become the Assistant Director of the branch in July 2020 before Biden became president. She was retained during his administration and was just appointed FDA legal counsel this week.

With so many highly qualified pro-life attorneys available to select from around the corner, why did Makary pick a Biden lawyer who defended dangerous abortion drugs to head the agency’s legal department at a time when pro-life groups are calling on him to review the abortion pill? That’s a question some pro-life groups may ask.

The abortion pill came up during Makary’s confirmation hearing last week and he drew praise for saying the pill would be reviewed and noting that it has ben used to coerce women.

According to an Axios report, the decision to pick Perkins as Legal Counsel is not going over well within the Trump administration but was certified from the White House.

The decision to select Hilary Perkins as FDA chief counsel has been deeply controversial within the administration. Health and Human Services officials didn’t like the choice but were overriden by the White House, sources said.

Perkins’ appointment is according to four sources familiar, including an HHS official and someone close to Makary’s preparation and transition who is in communication with HHS officials. HHS published a press release confirming her appointment after this story first published.

Although he didn’t comment on her specifically, new HHS Secretary Robert F. Kennedy praised the new staff overall, which would include Perkins.

“We’ve been able to recruit higher quality personnel to HHS than in any time in its history,” HHS Secretary Robert F. Kennedy Jr. said in a statement. “These are individuals who will return the agency to gold-standard science, evidence-based medicine, and recalibrate its trajectory toward public health rather than industry profiteering.”

Senator Josh Hawley of Missouri noticed the Perkins selection and condemned it on X.

“This can’t be right. This report says Marty Makary is trying to sneak a Biden abortion lawyer into a top leadership position at FDA. I can’t imagine anyone who would be more at odds with President Trump’s agenda,” he posted.

Perkins’ involvement in litigation concerning mifepristone regulations has been documented during the Biden administration, where she represented the administration and its radical abortion agenda in cases aiming to limit the availability of abortion pills.

Hopefully Dr. Makary will restrict or remove the dangerous abortion pill to protect women and babies and Perkins will defend those restrictions in court if the FDA faces legal action from radical abortion activists.