ST PAUL, Minn. — Mifepristone is the most commonly used abortion method in the U.S. but access to that pill is uncertain following two conflicting federal court rulings Friday in Texas and Washington state.
After the U.S. Supreme Court overturned Roe V. Wade last year, St. Paul-based organization, Gender Justice, has been tracking abortion-related developments nationwide, including these new rulings over mifepristone.
"They're completely contradictory rulings," legal director Jess Braverman said. "The FDA is being asked by two judges to do completely opposite things."
According to the FDA, "mifepristone, when used together with another medicine called misoprostol, is used to end a pregnancy through ten weeks gestation." The FDA approved mifepristone in the year 2000 and it has since been used by millions of women.
In Texas, U.S. District Judge Matthew Kacsmaryk ordered a hold on mifepristone, saying the FDA failed to consider the trauma and stress women experience with a medication abortion.
"This is completely new, completely unprecedented for a judge to order an agency to go back 23 years and undo the approval of a medication," Braverman said.
Judge Kacsmaryk has paused his ruling for seven days to allow for appeals. Already, the U.S. Department of Justice has appealed, sending it to the U.S. 5th Circuit Court of Appeals. New developments are expected this week.
Meanwhile in Washington, a federal judge ordered the FDA to keep mifepristone available in at least 17 states.
"A number of attorneys general in states where abortion access is still available, including Minnesota, sued over some burdens that the government put on the dispensing of mifepristone," Braverman explained. "Those attorneys general basically sued saying you're really burdening our health care system … and we need you to take these restrictions on mifepristone off of the medication."
Monday at 11 a.m. at the Minnesota capitol, Gender Justice plans to hold a press conference explaining the conflicting rulings and how they could put mifepristone on a fast track to the U.S. Supreme Court. The organization will also hold an informational session over Zoom Monday evening. Details can be found on the Gender Justice and UnRestrict Minnesota web pages.
"I do want to make sure folks know that abortion is still legal in Minnesota," Braverman said. "The ruling out of Amarillo, Texas, would apply nationwide … and so we should all be keeping an eye on it. It's really uncertain times right now."
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