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March 14, 2025

Top FDA lawyer resigns after two days following backlash over abortion

The top lawyer at the Food and Drug Administration is out of a job after backlash over her defense of the abortion pill.

The FDA confirmed that Hilary Perkins had resigned after two days into her new role.

"Hilary K. Perkins has resigned from her position as Chief Counsel of FDA, effectively immediately," the FDA's official X account posted.

FDA lawyer resigns

Perkins worked at the Justice Department's Consumer Protection Branch under Presidents Trump and Biden. She was handpicked to be the FDA's top lawyer by Trump's FDA commissioner nominee, Marty Makary.

HHS officials did not approve of her hiring, but they were overruled by the White House, Axios reported.

Her FDA page is no longer available, and the news of her hiring was edited out of a Health and Human Services press release, according to Reuters.

"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 the release.

"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."

Hawley targets "Biden lawyer"

Perkins resigned after Senator Josh Hawley (R-Mo.) criticized her work as a DOJ attorney defending COVID vaccine mandates and the abortion pill mifepristone. Hawley accused Makary of trying to sneak a "Biden abortion lawyer" into the FDA.

Hawley said Perkins' record is inconsistent with Trump's agenda, although Trump has said he would not restrict access to the abortion pill. However, both Makary and HHS Secretary Robert F. Kennedy Jr. have said they would review safety data for the drug.

Senator Hawley voted Thursday to advance Makary's nomination as FDA commissioner after Perkins quit.

"I am pleased to see that Dr. Makary has reconsidered his decision to make this Biden abortion lawyer the top counsel at FDA," Hawley wrote on X.

Perkins responds

In a post commenting on her resignation, Perkins defended her work as a DOJ attorney between administrations, which she said became an "unnecessary distraction."

"I was honored and humbled by the trust placed in me by President Trump, Secretary Kennedy, Dr. Makary, and the rest of the Administration," she wrote.

"Unfortunately, my work as a career attorney at the Department of Justice defending the FDA throughout multiple administrations—which I performed consistent with my oath to zealously advocate on behalf of the United States—created an unnecessary distraction from advancing the Administration's priorities. With great respect for the career attorneys and professionals at FDA and with deep appreciation for my family, friends, and colleagues who have stood by me during this challenging time, I made the difficult decision to resign as Chief Counsel."

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