Texas judge says states can revive challenge to abortion pill access nationwide
The Texas judge, who had previously blocked approval of abortion’s most popular method in the United States, ruled on Thursday that three state can go ahead with a new attempt to rollback federal rules to make it more difficult for Americans to get the abortion drug mifepristone.
Idaho, Kansas, and Missouri asked late last year for the case to be heard in Amarillo federal court, Texas. This was after the U.S. Supreme Court made a narrow ruling that the abortion opponents who filed the original case lacked legal standing to sue.
Matthew Kacsmaryk is the only federal judge in Amarillo. He was nominated by former President Donald Trump and has ruled in recent years against the Biden Administration on several issues including immigration and LGBTQ rights.
They want the Food and Drug Administration (FDA) to ban telehealth prescriptions of mifepristone and limit its use to the first seven weeks of gestation instead of the current 10 weeks. The states also want three doctor visits to be required instead of one to obtain the drug.
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Court documents state that the states claim that efforts to make the pills available “undermine state laws on abortion and frustrate state enforcement”
Kacsmaryk added that they shouldn’t automatically be discounted from filing a lawsuit in Texas because they are outside of the state.
The American Civil Liberties Union (ACLU) said on Thursday that the case was settled when the U.S. Supreme Court unanimously maintained access to mifepristone in 2013. In that case, the justices made a narrow decision finding that abortion opponents had no legal right to file the lawsuit.
ACLU: Kacsmaryk’s decision “has opened the door for extremist politicians who continue to attack medication abortion in his Courtroom,” said the ACLU.
The FDA will most likely represent the FDA as the ruling is made just days before Trump starts his second term. Trump has said that abortion is a state issue, and not a federal one. He also stated on the campaign trail he had appointed Supreme Court justices who would be in the majority in 2022 when the right to abortion was struck down.
Since then, abortion opponents are increasingly targeting abortion pills. This is largely because most abortions in the United States are performed using drugs, rather than surgical procedures. Republicans have introduced bills to ban pills in at least four states: Indiana, Missouri and Tennessee. None of them take the same approach Louisiana did last year, when it classified the pills as dangerous controlled substances.
Kacsmaryk previously sided with anti-abortion groups and doctors who wanted the FDA to be forced into rescinding its approval of Mifepristone, which was granted in 2000.
The states have chosen to focus their efforts on a smaller problem. Instead of focusing on the entire approval, they tried to undo several FDA updates which had eased access.
While state leaders push to restrict access to these drugs, Missouri voters sent a very different message when they approved in November a ballot measure that would undo one the nation’s most strict bans. Idaho bans abortion at any stage of pregnancy. Kansas allows abortions up to the 22nd week.
In the U.S. 13 states with Republican control ban abortions at all stages of pregnancies, but there are some exceptions. Four more states prohibit it after six weeks, before most women know they are pregnant.
Some Democratic-controlled states have adopted laws seeking to shield from investigations and prosecutions the doctors who prescribe the pills via telehealth appointments and mail them to patients in states with bans. These prescriptions are one of the main reasons why a study revealed that the number of abortions performed in states with bans is about the same as it was before the bans.
Mifepristone, in conjunction with another drug, is used to induce a medication abortion. This has been the case for more than 35% of all abortions performed in the U.S. after the Supreme Court overturned Roe v. Wade.
These drugs are not like Plan B or other emergency contraceptives, which are taken three days after conception and weeks before a woman knows she is pregnant. The drugs are generally safe, and they result in a complete abortion more than 97% the time. This is less effective than a procedural abortion.
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