Last Friday, federal judge Matthew Kascmaryk, of the Northern District of Texas, issued a ruling invalidating the Food and Drug Administration’s (FDA) approval of mifepristone, one of two medications used in a standard medication abortion regimen. Mifepristone has been approved by the FDA for use in medication abortions since 2000, and its safety and efficacy records are exceptional.
This decision is the latest in a slew of anti-abortion policies and rulings since the Supreme Court overturned Roe v. Wade last year, and if allowed to take effect, it could be the most catastrophic ruling since Dobbs itself. Judge Kascmaryk’s decision would require manufacturers to cease distribution of the medication during the pendency of the litigation, further limiting access to abortion care for patients nationwide, including in those states where abortion is legal and protected. Mifepristone is used in over 50% of pregnancy terminations in the U.S., and without it, patients across the country will have trouble finding timely medical care.
Judge Kascmaryk’s ruling is anti-choice and is a vicious attack against the right to bodily autonomy.
““In an attempt to further limit access to reproductive care, Judge Kascmaryk’s ruling ignores or distorts decades of credible data about the safety and efficacy of mifepristone for medication abortion. Regardless of the ultimate outcome of the litigation, it represents another political intrusion into a medical decision making process that should only take place between doctor and patient. ” ”
The same day, a federal judge in Washington issued a competing ruling that would prohibit the FDA from discontinuing its use. It is unclear at this time what the impact of the competing rulings will be on access to this essential medication.
Reproductive Health Legal Assistance Project (RHLAP)
It is more crucial than ever for lawyers to fight for reproductive health and abortion access post-Dobbs. L4GG is continuing to provide reproductive healthcare providers with crucial legal guidance and updates on abortion laws in 56 states and territories through our Reproductive Health Legal Assistance Program (RHLAP). No matter what unjust policies are enacted in our country, we stand firm in our fight for reproductive justice.
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