Could the abortion pill be banned nationwide? A conservative judge is soon set to rule on the drug agency’s approval, which was granted to this product more than 20 years ago.
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As her decision approaches, which is expected by February 24, concerns are growing among abortion rights defenders.
“A simple federal judge from Texas (…) could issue a national ban on the abortion pill, the effects would obviously be devastating,” commented Jenny Ma, an attorney at the Center for Reproductive Rights.
Specifically, anti-abortion activists filed a complaint against the American Medicines Agency (FDA) in November, accusing it of approving mifepristone (or RU 486), one of two pills used in medical abortions, in 2000.
“The FDA betrayed women and girls when it chose politics over science and approved the use of a chemical for abortion in the United States,” the plaintiffs, represented by the Christian organization Alliance Defending Freedom (ADF), write.
They accuse the FDA of “exceeding its authority” and are asking the federal judiciary to immediately suspend that approval throughout the United States pending a substantive review of their arguments.
The appeal raises concerns among abortion rights advocates because it was filed in Amarillo, Texas, where the sole federal judge, Matthew Kacsmaryk, who was appointed by former Republican President Donald Trump, is known for his ultra-conservative positions.
His decision could have huge ramifications since 54% of the abortions performed in the United States today are medical.
Since the US Supreme Court blasted abortion rights in June, fifteen states have banned abortion on their soil and abortion pills are illegal there.
But pregnant women in those states can still travel to neighboring states to get the pills, a simpler procedure than surgery.
“Issuing a national injunction could do significant harm and deprive patients of a safe and effective drug that has been on the market for more than 20 years,” the health ministry warned in reasoning sent to the judge.
His decision, whatever it is, is subject to an appeal being reviewed by the New Orleans federal appeals court, which is also known for its conservatism.
The case could therefore end up again before the United States Supreme Court, which has had six out of nine conservative judges since Donald Trump reshuffled it.