Just two days after starting at the FDA, the agency’s Chief Counsel Hilary Perkins is signing off, effective immediately.
Perkins confirmed her resignation late Thursday night in a social media post, acknowledging that she was “honored and humbled” by the trust placed in her by President Donald Trump, Department of Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. and yet-to-be confirmed FDA commissioner nominee Martin Makary, M.D.
“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,” Perkins wrote. “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.”
The FDA had previously announced the news in its own social media post Thursday morning.
Perkins took the job at the FDA after a six-year tenure with the Department of Justice (DOJ), where she most recently served as assistant director at the agency’s consumer protection branch. Her Tuesday appointment was controversial from the start, as some HHS officials disagreed with the pick but were overridden by the White House, according to an Axios report.
While serving at the DOJ under the Biden administration, Perkins defended access to abortion medicine mifepristone in a key 2023 case. This prompted outcry from anti-abortion advocates like Missouri Sen. Josh Hawley, who in a social media thread this week rebuked Makary for “attempting to sneak a Biden abortion lawyer” into top leadership at the FDA. Hawley also pointed to a brief in which Perkins defended COVID-19 vaccine mandates.
Hawley, a member of the Senate Health, Education, Labor & Pensions (HELP) committee, and his fellow Senators are currently in the process of confirming Makary to the FDA commissioner seat, with abortion access being a key topic during his confirmation hearings. While the HELP committee ultimately advanced Makary’s nomination in a 14-9 vote on Thursday, Hawley was set to vote no on the appointment if Perkins didn’t resign, according to a Daily Wire report citing a source familiar with the conversations.
Hawley ended up voting yes after noting that Makary had withdrawn his support of Perkins, Bloomberg reported.
Makary, a Johns Hopkins surgeon, also collected bipartisan support from Democratic Sens. Maggie Hassan of New Hampshire and John Hickenlooper of Colorado, who joined their Republican colleagues on the HELP committee in voting to advance the confirmation.
If confirmed in a full Senate vote, Makary will join RFK Jr. as one of the nation’s top health leaders, taking the helm at the FDA under a storm of personnel changes unleashed by the Elon Musk-led Department of Government Efficiency.