On Friday, a Texas federal judge ruled to suspend the approval of the abortion-inducing drug mifepristone. The ruling could upend access to medication abortion nationwide. A federal judge in Washington issued a conflicting ruling almost simultaneously.
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“The Court does not second-guess FDA’s decision-making lightly,” Kacsmaryk wrote in the ruling. “But here, FDA acquiesced on its legitimate safety concerns — in violation of its statutory duty — based on plainly unsound reasoning and studies that did not support its conclusions.” , and the language in the 67-page ruling, released at 5:30 p.m. Friday, reflects those ties — calling abortion providers “abortionists” and describing the use of mifepristonethat prohibits the mailing of anything related to an abortion, which could have much wider effects than this one lawsuit.
“The FDA put women and girls in harm’s way and it’s high time the agency is held accountable for its reckless actions,” he said. “The FDA never had the authority to approve these hazardous drugs and remove important safeguards.”Almost since the FDA approved mifepristone in 2000, anti-abortion groups have been working to reverse that decision.
This lawsuit, filed by the ADF in November, is the latest attempt to move mifepristone off the market. The ADF is representing a group of anti-abortion doctors and medical associations who say they have been harmed by having to treat complications from abortion-inducing medication. “But pregnancy is not an illness, nor do chemical abortion drugs provide a therapeutic benefit over surgical abortion,” their lawsuit reads. “In asserting these transparently false conclusions, the FDA exceeded its regulatory authority to approve the drugs.”
Legal experts and the FDA have identified several crucial issues with the lawsuit, from misstated science, to a long-expired statute of limitations, to a lack of standing.
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Judges' dueling decisions put access to a key abortion drug in jeopardy nationwideA federal judge in Texas has ruled that the Food and Drug Administration improperly approved an abortion drug used in nearly all of the medication abortions in the U.S., putting access to the drug mifepristone in jeopardy. | via NPR
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Federal Judges Issue Dueling Orders on Abortion-Pill AccessA federal judge in Texas suspended the FDA approval of mifepristone, while a federal judge in Washington State blocked the FDA from restricting it.
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Judges' dueling decisions put access to a key abortion drug in jeopardy nationwideA federal judge in Texas stayed the FDA's approval of the drug mifepristone, while a federal judge in Washington state has blocked any FDA change in access.
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Judges' dueling decisions put access to a key abortion drug in jeopardy nationwideAn appeal is expected to go to the U.S. Court of Appeals for the Fifth Circuit, which has a reputation for being a conservative jurisdiction. The case ultimately could end up before the U.S. Supreme Court.
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Texas judge suspends FDA approval of abortion pill; second judge protects accessA federal judge in Texas blocked FDA approval of a key abortion pill. In a competing opinion, a federal judge in Washington state ruled separately that mifepristone is safe and effective. The dueling opinions could hasten the issue to Supreme Court.
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