Hilary Perkins was the top attorney at the Food and Drug Administration just 36 hours before her resignation.
Perkins began her career with the Department of Justice in 2019, defending the administrative roles she filled—the fundamental doctrine of the position. When surgeon and researcher Marty McCurry from Johns Hopkins was appointed to head the FDA, he selected Perkins as his primary advisor.
However, shortly after her promotion announcement, she became the focus of an online attack led by Sen. Josh Hawley (R-Mo.) regarding her defense of the Biden administration’s policies on the abortion drug Mifepristone.
“Marty McCurry is attempting to sneak in a Biden abortion lawyer to the FDA’s highest leadership role. I can’t think of anyone more at odds with President Trump’s agenda,” Hawley posted on X.
Hawley highlighted a legal brief authored by Perkins in which she defended the administration’s Covid-19 vaccine mandate.
“I cannot comprehend why Marty McCurry would want to use the government to vaccinate millions of Americans and appoint a Biden abortion lawyer as his lead lawyer. This raises concerns about his judgment,” Hawley commented.
Perkins stated that she attempted to contact Hawley and his staff several times before McCurry’s confirmation vote, reaching out for meetings that were declined or went unanswered. Ultimately, she claimed she resigned to avoid hindering McCurry’s confirmation, as she was perceived to threaten a veto against his appointment in the committee.
A spokesperson for Hawley did not respond to a request for comments. Likewise, representatives from the Senate Health Committee did not provide comment.
Republicans hold a one-vote majority in the committee, making Hawley’s vote crucial for McCurry’s progression if all Democrats opposed him.
During the hearing, Hawley indicated that Perkins opted to vote in favor of McCurry upon her resignation. McCurry confirmed that two Democrats supported him, allowing him to advance through the committee, securing votes from the Democratic trio on Tuesday.
Perkins expressed surprise at Hawley’s attack, especially since she had been vetted by the Trump administration before receiving the position.
“I am not a Senate-confirmed candidate. I’m merely a staffing choice. I’m a lower-level staffing decision made by the White House,” said Perkins.
Perkins stated she is a conservative Christian who personally opposes abortion, but felt compelled by her oath to uphold the priorities of her administration’s leader.
She also mentioned that some of the administration’s health officials, particularly Robert F. Kennedy Jr., the Secretary of Health and Human Services, had previously shared pro-abortion views and were almost always unanimously confirmed by Republicans.
Perkins clarified that she did not set or defend Biden administration policies. She joined the Justice Department during Trump’s first term and voted for him in the 2020 election but did not contemplate resigning after Biden’s victory.
“As a lawyer, I do not express opinions on whether abortion is right or wrong. That is not my role. My job is to represent the legal stance of the government,” she stated.
“The DOJ policy dictates that lawyers must sign legal briefs irrespective of their personal beliefs… You cannot opt-out of cases with which you personally disagree.”
In the case of Mifepristone, the Biden administration defended access to the drug following a lawsuit by abortion advocates and physicians. The administration contended that the plaintiffs lacked legal standing in the matter, which the Supreme Court subsequently agreed with, dismissing the case in June.
The plaintiff was represented by Hawley’s spouse Erin, an attorney for the conservative Christian group Alliance Defending Freedom.
Perkins acknowledged that while she might personally oppose the Biden administration’s stance, she believed herself to be nonpartisan and that her responsibility was to uphold their position.
A memo issued by Attorney General Pam Bondy on her first day indicated that DOJ lawyers are expected to “enthusiastically defend America’s interests.” The memo clarified that DOJ lawyers do not have “the latitude to substitute their personal political views and judgments for those who won the election.”
Bondy further indicated that lawyers who refuse to sign a brief or present in court, thereby disrupting the mission of the department, could face disciplinary measures even if they are not terminated.
Since the administration’s inception, numerous DOJ lawyers have been re-assigned or replaced, while others have resigned as the White House asserts more control over the agency.
Perkins mentioned that she had been involved in five cases regarding abortion drugs during both the Trump and Biden administrations. In almost all instances except one, she represented the Trump administration against a pro-abortion group seeking to relax restrictions on Mifepristone.
