On Friday, April 8, 2023, Judge Matthew Kacsmaryk issued an unprecedented ruling out of Texas that has the ability to impact medication abortion access nationwide. Mark Joseph Stern, senior writer at Slate covering courts and the law, sits down to talk to us about the recent ruling on mifepristone, what the FDA can do, and what this currently means for medication abortion access in the U.S.

The Alliance for Hippocratic Medicine v. The FDA was overseen by Judge Matthew Kacsmaryk, who has a vast history of anti-LGBTQ+, anti-reproductive health and rights rulings, including blocking contraceptive access for Texas teens under the Title X program on the grounds of parental religious objection. For a deep-dive into the case itself, you can find more information in our recent podcast episode. 

Never before has a federal judge claimed the authority to revoke or suspend the FDA’s approval for a drug. This ruling has also positioned the pharmaceutical industry to become much more involved in conversations surrounding abortion rights, due to their recognition of the threat at the core of this ruling—that endless cases could attempt to block medications on the hypothetical grounds that they could harm somebody else’s patient in the future. This precedent undoubtedly threatens gender-affirming medications and other medications, as well. 

The decision included a number of anti-science, anti-medicine rhetoric to justify the ruling. The complication rate of medication abortion is incredibly low, and the serious complication rate is near zero. Yet Judge Kacsmaryk cited a “study” funded by an anti-abortion, far-right institute claiming mifepristone causes harm to patients. Judge Kacsmaryk used language rooted in “fetal personhood,” throughout the ruling. In addition, Judge Kacsmaryk referenced the Comstock Act—an antiquated, Victorian-era law that banned the mailing of “sexual materials, birth control, or abortion-causing drugs” and is very carefully applied to avoid unconstitutionality –in the ruling to support his claims.  

Judge Thomas Rice’s ruling out of Washington state ruled that the FDA continue allowing mifepristone in the 17 states and D.C. which brought the case, leading to a stay on the FDA’s ability to alter mifepristone’s status while deliberation occurred, and resulting in a preemptive measure intended to conflict with Kacsmaryk’s decision. The FDA is now under two competing court orders. The FDA does have enforcement discretion,  meaning even if Judge Kacsmaryk’s stay goes into effect, it may not have to necessarily mean that the FDA has to comply.

Links

AidAccess.org

The Lawless Ruling Against the Abortion Pill Has Already Prompted a Constitutional Crisis

For more information, check out Boom! Lawyered: https://rewirenewsgroup.com/boom-lawyered/ 

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