U.S. District Judge Matthew Kacsmaryk’s ruling will go into effect in seven days, to allow plaintiffs time to appeal the decision. Story by TexasTribune.
Mifeprex, the brand name for mifepristone, is a drug that is used to end an early pregnancy, seen here at Alamo Women’s Reproductive Services in San Antonio on June 14, 2022.In a potentially devastating blow for abortion access nationwide, a federal judge in Amarillo has stayed the approval of mifepristone, an abortion-inducing drug that has been on the market for more than 20 years.
“It is indisputable that chemical abortion drugs are both ‘drug[s]’ and are ‘for producing abortion,’ Kacsmaryk writes. “Therefore, federal criminal law declares they are ‘nonmailable.’” In 2002, they filed a citizen petition, asking the agency to review the decision. The FDA did not respond to that petition until 2016, rejecting it on the same day that the agency relaxed restrictions on the medication, citing itsThe new regulations increased the period of gestation at which the drug could safely be used, from seven weeks of pregnancy to 10 weeks. It also decreased the recommended dosage and reduced the number of required doctor visits.
Lawyers for the Department of Justice, which is representing the FDA, countered that approving a drug is not tantamount to requiring anyone to prescribe it. Congress later moved that designation — called “subpart H” in FDA parlance — into a new category, which allows drugs to be approved to treat conditions, as well as illness.
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