U.S. District Judge Matthew Kacsmaryk’s ruling will go into effect in seven days, to allow the U.S. Food and Drug Administration time to appeal the decision. Story by TexasTribune.
Mifeprex, the brand name for mifepristone, is a drug that is used to end an early pregnancy, seen here at Alamo Women’s Reproductive Services in San Antonio on June 14, 2022.In a potentially devastating blow for abortion access nationwide, a federal judge in Amarillo has suspended the approval of mifepristone, an abortion-inducing drug that has been on the market for more than 20 years.
Medication abortion is the most common way Americans terminate their pregnancies. Mifepristone, when taken alongside misoprostol, has been proven to be safe and effective and is recommended by the American College of Obstetricians and Gynecologists and the World Health Organization.This is the first time a judge has unilaterally, against the FDA’s objections, removed a drug from the market,” said Greer Donley, a University of Pittsburgh law professor who studies FDA law.
This ruling will not change the legality of abortion in Texas, where the procedure has been virtually banned since the overturning of Roe v. Wade in late June. But it will further limit out-of-state options and may have ripple effects for those whoErik Baptist, senior counsel for the Alliance Defending Freedom, the conservative law firm that brought the lawsuit, called Friday’s ruling a “significant victory.
None of this trumps state law; in Texas, nearly all abortion, including medication abortion, is prohibited. In 2021, legislators passed a law specifically making it a felony to mail abortion-inducing medication. “The agency did not obligate or require anyone to prescribe or take mifepristone,” said Julie Straus Harris. “It simply said, we are giving it our grant … that it is safe and effective.”
“This is really just kind of trying to exploit a technicality in the language that isn’t even relevant anymore,” Donley said. “Pregnancy, of course, can cause serious and life-threatening conditions … It’s not like pregnancy is risk-free — far from it.”
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