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Biden admin moves to keep abortion pill available while DOJ appeals Texas ban
By
Caroline Lewis
Published Apr 10, 2023
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Olivier Douliery/AFP via Getty Images
By
Caroline Lewis
Published Apr 10, 2023
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A Texas ruling on Friday suspending federal approval for the abortion medication mifepristone has set off a flurry of legal activity, leaving the pill’s fate uncertain. The Biden administration is seeking to keep the pill available while it appeals the decision. It is also looking for clarification on a separate ruling out of Washington state that aimed to cancel out the Texas decision.
Here’s how things have unfolded so far:
On Friday, Northern District of Texas Judge Matthew Kacsmaryk issued a preliminary ruling blocking the U.S. Food and Drug Administration’s approval of mifepristone for abortions, while a case questioning the safety of the drug proceeds in court. (A vast body of evidence indicates that mifepristone is safe.)
This ruling would knock out mifepristone access in abortion havens like New York and New Jersey, but Kacsmaryk delayed his decision from taking effect for seven days to give the Biden administration time to respond.
The Department of Justice, which represents the FDA, quickly filed its notice of appeal late Friday evening to the U.S. Court of Appeals for the Fifth Circuit. On Monday, the U.S. Department of Justice requested that the appeals court continue to delay the block on mifepristone and keep the pill available while the case is pending.
In the motion, the DOJ railed against Kacsmaryk’s ruling.
“Rather than preserving the status quo, as preliminary relief is meant to do, the district court upended decades of reliance by blocking FDA’s approval of mifepristone and depriving patients of access to this safe and effective treatment, based on the court’s own misguided assessment of the drug’s safety,” the motion stated.
Meanwhile, the DOJ is also trying to figure out how to reconcile Kacsmaryk’s decision with a conflicting ruling out of Washington state. In a separate case, Judge Thomas O. Rice of the Eastern District of Washington issued a preliminary injunction Friday to preserve access to mifepristone in 17 states and Washington D.C. The decision blocked the FDA from “altering the status quo and rights as it relates to the availability of mifepristone” under current regulations.
On Monday, the Department of Justice asked Rice for clarification on what to do if Kacsmaryk’s decision to suspend FDA approval for mifepristone is upheld. “To ensure that defendants comply with all court orders in these unusual circumstances, defendants respectfully request that this court clarify their obligations,” the DOJ wrote.
The ruling out of Washington only applies to states where attorneys general filed a lawsuit seeking to keep mifepristone available. New Jersey and New York are not among them – meaning the decision doesn’t grant them any protection from Kacsmaryk’s attempted ban.
New York Attorney General Letitia James’ office did not respond to a request for comment Monday on why she did not participate in the Washington lawsuit.
Julia Wiacek, a spokesperson for New Jersey Attorney General Matt Platkin, directed Gothamist to his statement on Twitter, which called Kacsmaryk’s ruling “misguided” but did not address the question about participating in the Washington lawsuit.
Some advocates are calling on Biden to simply defy Kacsmaryk’s ruling, regardless of what happens on appeal.
As of now, mifepristone is still available in New York and New Jersey. But even if it is banned, there will be other ways to get an abortion in legal states – including a procedure in a clinic and medication workarounds.
Tagged
abortion
new york state
Health and Science
Caroline Lewis
Caroline Lewis is on the health care beat for WNYC and Gothamist. She has covered COVID, a nurses' strike, the overdose crisis and New York’s marijuana legalization effort, and spent a year investigating patients' medical bills. She always wants to hear about how everyday New Yorkers experience the health system. Got a tip? Email [email protected].
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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