Conflicting rulings on abortion pill mifepristone

AUSTIN, Texas — Access to the most commonly used method of abortion in the United States plunged into uncertainty Friday following conflicting court rulings over the legality of the abortion medication mifepristone that has been widely available for more than 20 years.

For now, the drug that the Food and Drug Administration approved in 2000 remains at least immediately available in wake of the separate rulings that were issued just minutes apart by federal judges in Texas and Washington.

U.S. District Judge Matthew Kacsmaryk, a Trump appointee, ordered a hold on federal approval of mifepristone in a decision that overruled decades of scientific approval. But that decision was quickly followed by U.S. District Judge Thomas O. Rice, an Obama appointee, essentially ordering the opposite and directing U.S. authorities to not make any changes that would restrict access to the drug.

The extraordinary timing of the competing orders revealed the high stakes that surround the drug a year after the U.S. Supreme Court overturned Roe v. Wade and curtailed access to abortion across the country.

The Justice Department swiftly gave notice it would appeal the Texas ruling and said it was reviewing the decision from Washington.

“FDA is under one order that says you can do nothing and another that says in seven days I’m going to require you to vacate the approval of mifepristone,” said Glenn Cohen of Harvard Law School.

New York Gov. Kathy Hochul responded to Kacsmaryk’s order. “I want to be very clear: Regardless of today’s ruling, abortion access and care is still available in New York. For anyone who needs care, our state will welcome you with open arms. . . . I have also asked the legislature to consider actions to protect other medication abortion, including misoprostol, during current budget negotiations.”

And New York Attorney General Letitia James said, “Today’s decision blatantly disregards decades of medical research for politically motivated reasons that will jeopardize the health of millions of people nationwide. Restricting access to safe and effective medication is a dangerous attack on reproductive freedom, public health, and scientific integrity.

“Let me be clear: abortion continues to be legal in New York and New York will remain a safe haven for anyone seeking abortion care,” James said.

The drug has been widely used in the United States since 2000 and there is essentially no precedent for a lone judge overruling the medical decisions of the FDA. Mifepristone is one of two drugs used for medication abortion in the United States.

Kacsmaryk, in Amarillo, Texas, signed an injunction directing the FDA to stay mifepristone’s approval while a lawsuit challenging the safety and approval of the drug continues. His 67-page order gave the government seven days to appeal.

With Newsday staff