The ruling by Judge Matthew Kacsmaryk, who has deep anti-abortion ties, will likely be reviewed by the Supreme Court.
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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