FDA Chief Counsel Post on Hold for Now
It’s been over two months since former Justice Department attorney Hilary Perkins was ousted (see earlier story) from her FDA chief counsel post after being on the job for two days, and the agency is still without its top lawyer. The position is now on hold until President Trump’s nominee for HHS general counsel, West Virginia state senator Mike Stuart, is confirmed by the U.S. Senate, according to HHS deputy general counsel Bob Fox Foster. Currently, Stuart’s nomination has been referred to the Senate Finance Committee.
Speaking at the Food and Drug Law Institute’s annual meeting 5/16, Foster said FDA’s chief counsel seat is being kept warm, and when Stuart comes onboard at HHS there will be a “great stack of resumes and colleagues to consider for that role,” he said. “But in the moment, nothing's getting missed. The commissioner is getting great legal advice from me and others in the Food and Drug Division.”
Perkins’ ouster made headlines in March when it was learned that her abrupt departure was orchestrated by Sen. Josh Hawley (R-MO), who objected to the former Justice Department lawyer’s new post because she defended FDA and the Biden Administration’s policy on the availability of abortion pills in a high-profile case, according to the Daily Wire. She also signed an earlier legal brief expressing support for president Biden’s Covid-19 vaccine mandates, Hawley said.
In his address to FDLI, Foster noted that FDA has not lost a single lawyer to HHS’ reduction-in-force efforts, although some have chosen to leave or retire voluntarily. He said it was important to HHS to ensure the consistency was there and the “bandwidth was not negatively impacted in any way.”