Two federal judges issued competing rulings around the FDA’s regulation of mifepristone, one of two pills used for medication abortions, on Friday evening
“It’s hard to overstate the impact of today’s callous decision to ban one of the most important and common methods of abortion care,” said Dr. Daniel Grossman, director of the Advancing New Standards in Reproductive Health program at the University of California, San Francisco. “This medicine has gone through the toughest safety reviews and has been used safely and effectively for over 20 years. We need expanded access to abortion care, not court rulings based in junk science.
The panel also seemed to side with debunked claims that mifepristone is an unsafe drug. “As a result of FDA’s failure to regulate this potent drug, these doctors have had to devote significant time and resources to caring for women experiencing mifepristone’s harmful effects,” the court wrote. The Justice Department is expected to take its appeal to the Supreme Court. The Alliance for Defending Freedom can also appeal to SCOTUS, asking the Court to end the FDA’s approval of mifepristone.
There are several other legal challenges around abortion pills playing out. In a separate case, a group of Democratic state attorneys generalin the Eastern Court of Washington to expand access to mifepristone by eliminating what they describe as “unnecessary” and “burdensome” restrictions that the FDA placed on the drug. Minutes after Kacsmaryk issued his opinion Friday, U.S. District Judge Thomas O.
On Monday, the Justice Department asked the Washington court for clarification on its ruling. It’s unclear how the conflicting orders on mifepristone impact two other cases, filed in North Carolina and West Virginia, that also seek to dramatically expand access to the pills.
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