A case before a federal judge in Texas could have a dramatic impact on abortion access nationwide as anti-abortion groups target decades of government approval. A leading abortion drug.
A decision is expected by February 24 at the earliest in the case seeking to overturn the FDA’s approval. mifepristone, a medicine that can be used with another medicine called misoprostol to end a pregnancy. A decision was expected by Friday at the earliest, but a judge issued an order to extend the briefing process.
A coalition led by the conservative legal advocacy organization Alliance Defending Freedom filed a lawsuit in federal court in Amarillo, Texas on November 18, arguing that the drug comes with medical risks and should be pulled from Market.
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Abortion pills may face nationwide ban
If the judge rules in favor of the anti-abortion coalition, abortion access advocates say it could effectively ban mifepristone nationwide, putting a serious dent on people’s ability to access vital abortions and abortion care. There can be consequences. Especially after the overturning of Roe v. Wade.
“This decision will unleash a public health crisis by taking away health care options for millions of people,” said Jenny Ma, senior counsel for the Center for Reproductive Rights.
A ruling in favor of anti-abortion groups could mean that healthcare providers would be barred from prescribing mifepristone even in states where abortion is legal. In-clinic, procedural abortion care will not be affected by the ruling.
“I think it’s going to be shocking when people realize that this will affect abortion access across the country, even in blue states,” said Laurie Chaiten, senior staff attorney for the ACLU’s Reproductive Freedom Project.
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What is mifepristone and medication abortion?
Even before this, the US Supreme Court had rejected Roe v. Wade In June, more than half of all abortions in the United States were due to drug abortions, According to the Guttmacher InstituteA research and policy organization that supports abortion rights.
The FDA approved mifepristone for medication abortion in 2000. The US Department of Health and Human Services, the American Medical Association and the American College of Obstetricians and Gynecologists consider mifepristone to be a safe and effective abortion medication and component of treatment and management for early pregnancy loss. Miscarriage.
Why do critics want a ban on the abortion pill?
Julie Blake, senior counsel for the Alliance Defending Freedom, said the group is “asking the court to order the FDA to put politics aside … and remove these drugs from the market or, at the very least, reinstate critical women and girls.” protecting.” Security measures on their use. ,
“When it comes to chemical abortion drugs, the FDA has completely failed in its statutory duty to protect women and girls,” Blake said.
Alliance Defending Freedom is considered an anti-LGBTQ hate group by the Southern Poverty Law Center. The ADF told USA TODAY that it “categorically rejects” this classification, calling it an “intentional misrepresentation of our work.”
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Conservative judge to rule on lawsuit
Legal experts have derided the trial as being without legal or scientific basis.
“In a normal world, this suit would be dismissed and laughed out of court,” Chaitan said.
But abortion access advocates are still sounding the alarm over the case as it was filed in Amarillo, Texas, where the sole judge is US District Judge Matthew Kaczmarik, an appointee of former President Donald Trump with a history of conservative rulings. .
“This is a single judge in Texas, a state that has already banned abortion, deciding access to medication abortion for every single person across the country,” Ma said.
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What will happen next?
Kacsmaryk could grant an emergency injunction to force the FDA to withdraw its approval of mifepristone and remove the drug from the market nationwide. While the FDA may choose to restart the approval process, it could take years.
The case could be appealed, Chaiten said, to the right-leaning Fifth Circuit Court of Appeals, “where we have similar concerns about Judge Kaksmaryk.”
Eventually, the matter may come before the US Supreme Court.
Chaiten said she doesn’t know of any other case where a federal judge has ordered the FDA to remove approval of a drug. As a result, she said the case could have “far-reaching implications” for other drugs as well.
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Providers rush to consider misoprostol-only alternatives
Ashley Brink, clinic director at the abortion clinic Trust Women’s Kansas in Wichita, said her team has spent weeks training staff and updating policies in preparation for the ruling. She said the clinic would pivot to a misoprostol-only protocol for drug abortion, which she called “a safe and effective alternative” to using both mifepristone and misoprostol.
While misoprostol has been used worldwide for abortion for years, studies show it to be less effective than the two-step regimen.
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Brink said his clinic has already been overwhelmed by a surge in out-of-state patients since Roe’s reversal. Now, since many patients may lose access to medication abortion, they worry about long lines and delays will only get worse.
“We know that continued barriers to abortion access such as this will hit communities of color, rural communities and those living in poverty or low income hardest,” she said.
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Hundreds were expected to protest in Amarillo
Hundreds of abortion rights supporters are expected to protest outside the federal courthouse in Amarillo Saturday afternoon, according to the Women’s March.
“This isn’t about what the majority of Americans want, it’s about a small group of people who want control over women’s freedom,” Rachel Carmona, executive director of the Women’s March, said in a statement.
Other legal battles over drug abortion continue
Other ongoing lawsuits also involve abortion pills.
The drug company GenBioPro, which makes generic mifepristone, sued officials in West Virginia, arguing that the state’s abortion ban contradicts the FDA approval of mifepristone. An obstetrician-gynecologist also sued the authorities in North Carolina on similar grounds.
During this, FDA ruling Last month that certain pharmacies that go through the certification process will soon be able to dispense mifepristone in states where abortion is legal.
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Contact Christine Fernando [email protected] or follow him on twitter @christinetfern,
