Washington: Two federal judges in Texas and Washington delivered conflicting rulings over the legality of the abortion medication mifepristone that has been widely available for more than 20 years. Following conflicting court rulings, access to the most commonly used method of abortion have raised a question about its future. Mifepristone is one of two drugs used for medication abortions in the US, along with misoprostol, which is also used to treat other medical conditions, news agency AP reported.
Judges conflicting rulings on abortion pill
US District Judge Matthew Kacsmaryk, a Trump appointee, ordered a hold on federal approval of mifepristone. While US District Judge Thomas O. Rice, an Obama appointee, gave an opposite verdict and directed the authorities not to make any changes that would restrict access to the drug in at least 17 states where Democrats sued in an effort to protect availability. However, the Texas judge postponed his decision for seven days to enable the federal government to file an appeal.
Kacsmaryk 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.
Notably, the rulings of the federal judges came nearly a year after the US Supreme Court overturned Roe v. Wade allowing states to enforce a ban on abortions. On June 24, 2022, the Supreme Court of the US abolished abortion rights while overturning the constitutional right granted to women in a historical 1973 ruling called Roe vs Wade.
What Biden said
Meanwhile, President Joe Biden has said that his administration will fight against the federal judge order and called the ruling next step toward an abortion ban.
In a series of tweets, the President said, "Today, a federal district judge in Texas ruled that a prescription medication available for over 22 years, approved by the FDA, and used safely by millions of women should no longer be approved in the U.S. Here's why this matters. And how my Administration is going to fight it.”
“The medication in question is used for medication abortion. It doesn't just affect women in Texas. If it stands, it'd prevent women across the country from accessing the medication. It's the next step toward an abortion ban that Republican elected officials vowed to make law," said Biden, reported AP.
“The Court in this case has substituted its judgment for FDA, the expert agency that approves drugs,” Biden said. “If this ruling were to stand, then there will be virtually no prescription, approved by the FDA, that would be safe from these kinds of political, ideological attacks,” he added.
The lawsuit in the Texas case was filed by the Alliance Defending Freedom, which was also involved in the Mississippi case that led to Roe v. Wade being overturned. At the core of the lawsuit is the allegation that the FDA’s initial approval of mifepristone was flawed because it did not adequately review its safety risks.
FDA statement on Texas judge ruling
After the Texas judge issued the ruling, the US Food and Drug Administration issued the following statement Friday night saying that the drug is safe and effective for its indicated use, news agency ANI reported. "The FDA has appealed this decision. FDA approved Mifeprex more than 20 years ago based on a comprehensive review of the scientific evidence available and determined that it was safe and effective for its indicated use - medical termination of early pregnancy," the statement read.
The approval was based on the best available science and done in accordance with the laws that govern our work. FDA stands behind its determination that mifepristone is safe and effective under its approved conditions of use for medical termination of early pregnancy, and believes patients should have access to FDA-approved medications that the FDA has determined to be safe and effective for their intended uses, the statement read further.
Mifepristone, which was approved by the US Food and Drug Administration (FDA) in 2000, has been used by millions of women over the past 23 years. Mifepristone is often prescribed along with misoprostol to terminate a pregnancy within the first 10 weeks.
The complications from mifepristone occur at a lower rate than that seen with wisdom teeth removal, colonoscopies and other routine medical procedures, medical groups have recently noted. Mifepristone has a variety of uses including miscarriage management, induces abortions up to 10 weeks into pregnancy in a procedure known as medication abortion.
Clinics and doctors that prescribe the two-drug combination have said that if mifepristone were pulled from the market, they would switch to using only the second drug, misoprostol. That single-drug approach has a slightly lower rate of effectiveness in ending pregnancies, but it is widely used in countries where mifepristone is illegal or unavailable.
(With agencies input)
