Two decisions on mifepristone have been handed down tonight, and they have very different outcomes: The widely-expected Alliance For Hippocratic Medicine v. FDA ruling that would ban mifepristone nationwide and the surprise State of Washington v. FDA ruling that keeps it status quo.
With these dueling rulings, expect the Supreme Court to make a ruling eventually on the legality of mifepristone nationwide.
Alliance For Hippocratic Medicine v. FDA (anti-mifepristone)
In the Alliance For Hippocratic Medicine ruling, far-right activist judge Matthew Kacsmaryk ruled against the FDA legally approving use of mifepristone that was first granted in 2000. This ruling means that if no appeal is made within a week, then this lawless farce of a ruling would be applicable nationwide.
Kascmaryk issued a 7-day stay so that the decision can be appealed.
In an unprecedented move, U.S. District Judge Matthew Kacsmaryk on Friday suspended the Food and Drug Administration's longtime approval of key abortion pill mifepristone, but gave the government a week to appeal his decision that could throw access to medication abortions into question nationwide.
The FDA approved mifepristone more than 20 years ago to be used in combination with a second drug, misoprostol, to terminate pregnancies at up to 10 weeks. Over half of U.S. abortions are done by medication abortion, according to the Guttmacher Institute, a research group that supports abortion rights. The pills have become increasingly significant in the fights over abortion access that have ensued since Roe v. Wade was overturned.
A coalition of anti-abortion groups, collectively called the Alliance for Hippocratic Medicine, sued in November challenging the process through which the FDA evaluated and approved mifepristone. They argue that the government did not adequately assess the drug’s safety and should not have made it accessible via telehealth during the pandemic.
The plaintiffs sought an injunction to halt the use of mifepristone nationwide while the case plays out.
Former Texas State Senator and 2013 Filibuster leader Wendy Davis lambastes Kacsmaryk’s disgraceful decision:
Alejandra Caraballo has the right response: If this ruling isn’t challenged, then Blue states should disregard this lawless ruling:
State of Washington v. FDA (pro-mifepristone)
Just a few minutes after Kascmaryk issued a ruling in the Alliance For Hippocratic Medicine case, the State of Washington case came down with a ruling opposite of that far-right activist judge: Keeping the status quo, which means that mifepristone is safe for the time being.
But another federal judge, in Washington state, found the opposite in a separate case concerning the drug’s approval. That judge, who also ruled Friday, held that a nationwide injunction blocking mifepristone’s distribution would be “inappropriate.”
The conflicting federal rulings increase the likelihood that mifepristone’s legality will ultimately be decided by the Supreme Court. The stakes for people seeking abortions are significant.
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Mifepristone has been on the market since 2000, when it was first approved by the Food & Drug Administration to help induce abortions. Since Roe v. Wade was overturned last summer, allowing states to ban abortion, the mifepristone-misoprostol combination has become even more significant.
Health care providers in states that allow abortion, especially those that have seen a surge in out-of-state patients as states restrict or ban the procedure, have leveraged medication abortion as a way to serve more patients quickly. Medication abortions are cheaper to administer, and patients can safely take the pills from home. Some people who have been unable to leave their home states have ordered mifepristone and misoprostol online to perform medication abortions at home, a practice that is potentially legally risky but is medically safe. (The World Health Organization recommends people taking medications have access to professional medical support if needed.)
We Testify’s Twitter has the facts: mifepristone and misoprostol are both safe methods for abortion.
MSNBC’s Ali Velshi on the split decisions:
Steve Vladeck on why far-right litigants judge shop to gain favorable rulings:
Erin Reed explains how anti-abortion and anti-trans groups such as Alliance Defending Freedom work hand-in-hand to oppress people not aligned with their worldview: