Wanted to make a thread on the on-going court battles that have popped up ever since
Roe v. Wade was overruled by the Supreme Court, with there now being two conflicting rulings in lower federal courts: One in Texas (Judge Matthew J. Kacsmaryk; Trump appointee) and one of an opposing opinion in Washington (Judge Thomas O. Rice; Obama appointee), with both decisions being made on the same day (April 7th, 2023). The Supreme Court ruled that the Texas ruling will be stayed (With Alito and Thomas dissenting), and so now it continues to the 5th Circuit. The Washington ruling stated that the FDA could not make changes to the accessibility of Mifepristone in the 17 Democrat-leaning states (and D.C) that applied as part of the complaint; however, the judge did not seek to expand access and ruled to keep things as-is. As a result, there are conflicting injunctions within the lower federal courts.
Mifepristone (Also known as Mifeprex) was approved in 2000 by the FDA and is now the most-commonly used method of abortion in the United States (when combined with Misoprostal), with the Guttmacher Institute estimating that ~50% of all abortions that occur in the US being medication abortions via this combination. Currently, Mifepristone is approved for use up to 10-weeks after a missed period and has a ~97% efficacy. Since 2000, the FDA has increasingly laxed its regulation of Mifepristone, which used to only be able to be prescribed by licensed physicians (ie. Not available in retail pharmacy; has to be a licensed physician, and in some states, said physician had to be physically present when the patient was taking the medication). As time went on, the FDA allowed Mifepristone to be available via more broadly defined medical practitioners outside just licensed physicians AND increased the window of usage from 7-weeks to 10-weeks gestation (2016), allowed access via mail (2021), and allowed access in retail pharmacies approved by the manufacturer (2023). The FDA has been able to make these adjustments via their Risk Evaluation and Mitigation Strategy (REMS) that they use for ~61 medications--Mifepristone being one of them:
https://www.accessdata.fda.gov/drugsatfda_docs/rems/Mifepristone_2023_03_23_REMS_Document.pdfThis is primarily where the Texas case,
Alliance for Hippocratic Medicine v. FDA, came into the picture. The plaintiff, Alliance for Hippocratic Medicine, formed in 2022 in Texas and describes itself as "Upholding and promoting the fundamental principles of Hippocratic medicine, which include protecting the vulnerable at the beginning and end of life":
https://allianceforhippocraticmedicine.org/The AHM argued three main points, 1) That the FDA was reckless in its approval of Mifepristone back in 2000 and that it should subsequently be taken off the market, that 2) The FDA has exceeded its authority by utilizing the REMS system to make Mifepristone more accessible over the years, and that 3) The approval of Mifepristone to be available via mail is in violation of the Comstack Act of 1873. Judge Kacsmaryk ruled in favor of the AHM, but delayed enforcement of his own ruling to allow the FDA to apply for emergency relief--which they of course did. The case now heads to the 5th Circuit on accelerated docket (Argument begins May 17th) and currently Mifepristone remains available in accordance to state law.
This post was edited by Handcuffs on Apr 24 2023 01:50pm