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NY AG James urges Texas judge to reject request that could ban abortion medication nationwide
By
Caroline Lewis
Published Feb 10, 2023
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Robyn Beck / AFP via Getty Images
By
Caroline Lewis
Published Feb 10, 2023
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New York Attorney General Letitia James is asking a federal judge in Texas to reject a request that would revoke federal approval for the abortion medication mifepristone.
On Friday, James joined 21 other state attorneys general in filing an amicus brief in the case known as Alliance of Hippocratic Medicine v. U.S. Food and Drug Administration.
The case is currently pending in the U.S. District Court for the Northern District of Texas and could result in a ruling that pulls mifepristone from the market nationwide.
The amicus brief cautions that withdrawing FDA approval for the drug could severely limit access to both safe abortions and miscarriage management for millions across the country, including in states like New York, where abortion is still legal. In 2020, the latest year with national data, about 620,000 abortions were performed across the U.S. — including 63,000 in New York state. Medication abortion was used in 54% of the cases that reported a method.
“Blocking access to this safe and effective medication is a dangerous attack on reproductive freedom and public health,” James said in a statement on Friday.
In New York, other options such as procedural abortions would still be available. But the advocacy group NARAL Pro-Choice America has expressed concerns that restricting access to medication abortion could impact the availability of clinic appointments.
The FDA first approved mifepristone in 2000, to be used in conjunction with the medication misoprostol to end pregnancies during the first 10 weeks of gestation. The drugs are more effective and cause fewer side effects when used together. Although misoprostol is not approved by the FDA to be used alone for medical abortion, its solo use is endorsed by the World Health Organization and American College of Obstetricians and Gynecologists.
The coalition of anti-abortion groups that filed the complaint argues that the FDA did not adequately assess the safety of mifepristone. The Alliance of Hippocratic Medicine, which brought the case, affirms on its website that it is not a group of medical professionals, but rather a coalition seeking to establish certain principles for doctors to adhere to – including not assisting with abortions.
A ruling on the organization’s request for a preliminary injunction blocking access to mifepristone was initially expected as soon as Friday. But U.S. District Court Judge Matthew Kacsmaryk extended the timeline when he gave Danco Laboratories, which manufactures mifepristone, an opportunity to weigh in. A ruling is now expected on Feb. 24, at the earliest.
Kacsmaryk was nominated by former President Donald Trump.
The U.S. Department of Justice would appeal a decision restricting access to mifepristone, which could temporarily stave off a ban on the drug, Politico reported. But if the case makes its way to the Supreme Court, it would be reviewed by the same panel of judges that reversed Roe v. Wade last year.
Tagged
abortion
health care
Politics
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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