US in conflict over women’s right to use abortion drug

WOMEN’S access to the most common method of abortion in the US has been plunged into uncertainty after conflicting court rulings over the legality of a medication that has been used widely for decades.

US District Judge Matthew Kacsmaryk, a Trump appointee in Texas, on Friday ordered a hold on federal approval of the drug mifepristone.

At almost the same time, US District Judge Thomas Rice, an Obama appointee in Washington state, essentially ordered the opposite.

He directed US 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.

President Joe Biden expressed outrage at the Texas decision, calling it “another unprecedented step in taking away basic freedoms from women and putting their health at risk”.

He warned the mission of the Food and Drug Administration (FDA) risked being undermined.

The Texas decision represents the biggest blow to abortion rights in the US since the Supreme Court, which will now probably have to rule on the issue, overturned Roe v Wade last summer.

Courts have long deferred to the FDA on drug safety and effectiveness. But its authority faces new challenges in the post-Roe legal climate. There is essentially no precedent for a lone judge overruling the FDA’s decisions.

Democrats were quick to speak out, while Republicans have been quieter. Abortion rights proved a defining issue in the midterms, in which the GOP lost control of the Senate, and are expected to play an influential role in the 2024 presidential election.