Competing Rulings Issued on Access to Key Abortion Pill
In two opinions issued on Friday, a Texas judge ruled mifepristone isn't safe while a federal judge in Washington state ruled it is
A federal judge in Texas Friday halted the Food and Drug Administration's approval of the abortion pill mifepristone, effectively delivering an initial blow to abortion rights following the Supreme Court's dismantling of the constitutional right to abortion.
However, a competing opinion later Friday from a federal judge in Washington state ruled in a separate case involving mifepristone that the drug is safe and effective.
U.S. District Judge Matthew J. Kacsmaryk, a nominee of former President Donald Trump, agreed Friday with conservative groups lobbying to reverse the FDA's approval of mifepristone as safe and effective. The proposed reversal would extend to states where abortion rights are currently protected.
"[The] FDA acquiesced on its legitimate safety concerns — in violation of its statutory duty — based on plainly unsound reasoning and studies that did not support its conclusions," Kacsmaryk wrote in his 67-page opinion, per the Washington Post.
Related:Louisiana Mom Says She Was Denied an Abortion Even Though Baby Has Terminal Condition
However, later in the day, U.S. District Judge Thomas Rice ordered the Food and Drug Administration to preserve "the status quo" and retain access to the drug in the 17 states — along with D.C. — that are behind the lawsuit seeking to protect medical abortion.
Kacsmaryk's decision puts on hold the FDA's approval of the medication, which was first cleared for use in the United States in 2000. According to the Post, the ruling marks the first time a court has ordered the FDA to remove a medication from the market despite opposition from the agency and the drug's manufacturer.
The ruling will not go into effect for seven days to give the government time to appeal, the Washington Post reported.
Biden administration officials said they were reviewing both decisions, according to the Washington Post. The dual lawsuits followed the Supreme Court's elimination of the constitutional right to abortion last June, which allowed states to outlaw or sharply restrict the procedure.
A statement from U.S. Attorney General Merrick B. Garland was released Friday, in opposition to the original ruling by Kacsmaryk.
"The Justice Department strongly disagrees with the decision of the District Court for the Northern District of Texas in Alliance for Hippocratic Medicine v. FDA and will be appealing the court's decision and seeking a stay pending appeal," the statement reads. "Today's decision overturns the FDA's expert judgment, rendered over two decades ago, that mifepristone is safe and effective. The Department will continue to defend the FDA's decision."
Related:Beauty YouTuber Forced to Carry Dead Fetus for 2 Weeks After Miscarriage Due to Abortion Ban
The Justice Department said it's reviewing the decision of the District Court for the Eastern District of Washington in Washington et al. v. FDA.
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"The Department is committed to protecting Americans' access to legal reproductive care," the statement added.
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