The Boston Globe

Court extends pause on pill ruling

Justices ensure, for now, access to abortion drug

- By Abbie VanSickle

WASHINGTON — The Supreme Court extended a pause on a lower-court ruling that had sought to limit access to a commonly used abortion pill, ensuring that the drug, mifepristo­ne, would remain widely available for now.

In a brief order, Justice Samuel Alito announced that the court would extend its stay through Friday evening, giving the court more time to consider the case.

At issue is a ruling by Judge Matthew J. Kacsmaryk of the Northern District of Texas, who in recent weeks had invalidate­d the Food and Drug Administra­tion’s approval of the pill.

The announceme­nt slows down what has been a muddled and fast-moving landscape for mifepristo­ne, marked by conflictin­g US District Court decisions and an appeals panel ruling that further complicate­d the drug’s legal status.

After the Supreme Court overturned the constituti­onal right to abortion last summer, political and legal battles have centered on medication­s used for abortions. In some conservati­ve states, lawmakers have targeted abortion pills.

Medication abortion, a twodrug regimen, is typically used in the first 12 weeks of pregnancy. The first drug, mifepristo­ne, blocks progestero­ne, a hormone that allows a pregnancy to develop, and the second, misoprosto­l, taken one or two days later, prompts contractio­ns and helps the uterus expel its contents.

The dispute started in Texas in November, when an umbrella group of medical organizati­ons and a few doctors that oppose abortion sued the FDA, challengin­g its approval of the pill.

In their suit, the antiaborti­on groups claimed that the FDA did not follow proper protocols when it approved the drug in 2000. The groups said that the agency had also ignored dangers of the drug in the years since.

The FDA, vigorously countering the plaintiffs’ claims, has said that the drug was properly approved more than 20 years ago and that it is very safe. It has cited years of scientific studies that show that serious complicati­ons are rare and that less than 1 percent of patients need hospitaliz­ation.

The lawsuit was filed in the Amarillo division of the US District Court for the Northern District of Texas, where a single federal judge, Kacsmaryk, an appointee of President Donald Trump, hears cases.

Kacsmaryk, a longtime opponent of abortion, is a former lawyer for First Liberty Institute, a legal group focused on religious liberty cases that has long backed conservati­ve causes.

This month, Kacsmaryk announced a preliminar­y ruling that invalidate­d the FDA’s approval of the drug. But the judge said that the agency had a week to seek emergency relief before his ruling would take effect.

Kacsmaryk suffused his ruling with the language of the antiaborti­on movement, referring to abortion providers as “abortionis­ts” and a fetus or embryo as an “unborn human” or “unborn child.” He appeared to agree with virtually all of the claims made by the antiaborti­on groups.

Less than an hour later, another federal judge, Thomas O. Rice, who was appointed by President Barack Obama, issued a contradict­ory ruling in Washington state in a different lawsuit. Rice blocked the FDA from limiting the availabili­ty of mifepristo­ne in much of the country.

The Washington state lawsuit, filed by Democratic attorneys general in 17 states and the District of Columbia, is a direct challenge to the Texas case.

The Biden administra­tion immediatel­y appealed the ruling by the federal judge in Texas, and a divided three-judge panel of the US Court of Appeals for the 5th Circuit, based in New Orleans, announced that mifepristo­ne could remain legal and available while the lawsuit makes its way through the courts.

The panel rejected Kacsmaryk’s finding that the FDA’s approval of mifepristo­ne more than 20 years ago was not valid. At the same time, the judges blocked more recent steps by the FDA to make the drug more easily available, including permission to send the pills by mail. Experts said the consequenc­es could be far-reaching, creating more obstacles for a patient’s ability to secure the drug.

The next day, Rice reaffirmed his ruling, ordering the FDA to maintain the status quo in the 18 jurisdicti­ons, sowing further confusion about the availabili­ty of the abortion pill.

The dueling orders all but guaranteed that the case would go to the Supreme Court.

 ?? J. SCOTT APPLEWHITE/ASSOCIATED PRESS ?? Representa­tive Katherine Clark of Massachuse­tts called for protecting access to abortion medication on Wednesday.
J. SCOTT APPLEWHITE/ASSOCIATED PRESS Representa­tive Katherine Clark of Massachuse­tts called for protecting access to abortion medication on Wednesday.

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