A federal judge in Texas has just ruled on a lawsuit that seeks to restrict access to one of the two drugs typically used to induce a medicated abortion. The decision could impact 40 million women nationwide, making it the most consequential legal ruling since the Supreme Court overturned Roe v. Wade.
The judge ruled that the Food and Drug Administration’s initial authorization of the abortion pill Mifepristone was improper and has suspended the pill’s FDA approval. The ruling will take effect in 7 days if not stayed by the 5th circuit or SCOTUS.
Here is Representative Anna V. Eskamani’s statement in response:
In his unprecedented ruling, Judge Kacsmaryk deliberately misinterpreted our laws and FDA’s review of the scientific evidence for his own political ideology. His decision is wrong and must be reversed by higher courts.
Mifepristone is a safe, effective FDA-approved medication used for early abortion. In addition to a 20+ year track record of use here in the U.S., the medication’s safety is documented in more than 100 peer-reviewed articles. Leading medical and scientific organizations recognize it as safe and effective, including the AMA, ACOG, and AAFP. Mifepristone is now used in more than half of all abortions, and this decision will have devastating impacts.
The FDA and the manufacturer must move urgently to ensure access to mifepristone while it seeks to comply with a baseless court order and re-confirm its safety assessment. Indeed, the FDA has the authority to allow unapproved drugs to remain on the market for serious medical conditions for which there is no FDA-approved drug available. FDA should use its enforcement discretion to allow mifepristone to remain on the market as an unapproved drug based on its 22+ year track record and be clear publicly that it is doing so.
The right for abortion access and personal freedom must and will continue. We will not bend or buckle under pressure from the far right who intends to take us back in time and strip us of our freedoms.
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UPDATE AS OF 7:07PM: A Washington judge just issued a dueling injunction PROHIBITING the FDA from pulling mifepristone off the market. It directly conflicts with Kacsmaryk’s. Click here. Supreme Court of the United States will likely intervene.
UPDATE AS OF 7:33PM: Washington order that also just came out only applies to the 17 states and the District of Columbia that are plaintiffs in the case. It does create tension with this Texas court’s order and we assume will lead to SCOTUS involvement.