In a devastating blow to women’s reproductive rights, a federal judge in Texas has paused the FDA’s approval of mifepristone, the abortion pill that has grown in popularity recently.
U.S. District Judge Matthew Kacsmaryk suspending the FDA approval of mifepristone is alarming for women who need it to terminate pregnancies. Mifepristone is one of two drugs used together to cause a chemical abortion. Typically administered with misoprostol, the pill combo is also used after miscarriages to expel the fetus.
Kacsmaryk claims that the FDA’s latest decision to allow a prescription for the pills via video appointments and the medication’s first clearance in 2000 are both illegal. With the Supreme Court’s overturning Roe vs. Wade and many states implementing abortion restrictions, expectant women have turned to out-of-state providers to ship the pills to them.
Anti-abortion groups wanted Kacsmaryk to suspend the FDA’s approval altogether, though he didn’t go that far. On Friday, the Justice Department quickly appealed the case. They’ve also asked Kacsmaryk to dismiss it, arguing that challenging the 2000 FDA clearance of the pill is past the statute of limitations. Instead, the DOJ says the only aspect that might be challenged is the lax access surrounding the medications.
Medical providers have already begun preparing a plan to offer misoprostol-only abortions. Misoprostol has fewer restrictions since it is also used to treat stomach ulcers. Therefore, it is unlikely that this pill will be banned. However, the biggest concern with misoprostol-only abortions is its effectiveness as a stand-alone drug. Some patients require follow-up surgery to complete the procedure.
