The US Supreme Court is the next stop in the legal fight over a drug used in the nation’s most common method of abortion, which is only partially restricted for now.
A federal appeals court ruled Wednesday that the abortion pill mifepristone can still be used for now, but reduced the period of pregnancy that the drug can be taken and said it cannot be distributed by mail, the Associated Press (AP) reported.
Immediately, the government headed by Democrat Joe Biden announced that it will appeal to the highest legal body in the United States.
At the root of the legal battle is the decision last week by a Texas trial judge, known for his ultra-conservative views, who blocked the Food and Drug Administration’s approval of mifepristone altogether. of the United States (FDA).
Despite the scientific consensus, Judge Matthew Kacsmaryk, appointed by Republican Donald Trump, considered that mifepristone poses risks to women’s health and suspended its authorization throughout the country.
The government will “uphold the scientific judgment” of the FDA, which authorized the abortion pill more than 20 years ago, US Attorney General Merrick Garland said.
This drug has been used by more than 5 million women to safely terminate pregnancies, and now more than half of women who terminate pregnancies rely on the drug, the Justice Department noted.
On the other hand, a coalition of Democratic states had already resorted to another court at the end of February to try to preserve access to this pill.
Less than an hour after Judge Kacsmaryk’s ruling, one of his colleagues, Barack Obama-appointed Judge Thomas Rice, based in Washington state, found mifepristone “safe and effective” and barred the FDA from withdrawing it. its approval in the 17 states where the resource originated.
The Texas lawsuit over mifepristone was filed in Amarillo late last year. Alliance Defending Freedom, a conservative Christian legal group, represents opponents of the pill, who say the FDA’s approval of mifepristone was flawed.
Why Yellow? US District Judge Matthew Kacsmaryk is the only district judge there, ensuring that all cases filed in the West Texas city reach his desk.
Since taking office, this judge has ruled against the Biden Administration on several other issues, including immigration and LGBTQ (lesbian, gay, bisexual, transgender, and queer) protections.
Following the abortion pill decision, the Biden Administration appealed to the New Orleans-based US Court of Appeals for the Fifth Circuit to prevent Kacsmaryk’s decision from taking effect for now.
Late on Wednesday, the appeals court restricted Kacsmaryk’s decision so that mifepristone’s initial approval in 2000 would not be affected.
However, a three-judge split panel narrowed the period of pregnancy in which the drug can be taken (the first seven weeks), ruled that she had three doctor visits, and that this drug could not be dispensed by mail order.
The US government also asked the Washington state court to clarify its order, which the Justice Department said was in “significant tension” with the initial Texas decision.
It’s unclear how, now that the appeals court has ruled, the two cases interact and impact drug use.
Neither faction fully achieved what it intended.
On the one hand, Alliance Defending Freedom, which represents anti-abortion doctors and medical groups, stressed at a conference this Thursday that it does not plan to request the intervention of the Supreme Court, unlike the Biden government.
For now, it’s unclear how this case might end when it reaches the Supreme Court.
This same body in June awarded a historic victory to opponents of abortion by taking away their constitutional right to terminate a pregnancy, thus giving each state the freedom to legislate on the matter. Since then, some 15 states have banned abortion on their territory.
Conservative judges hoped their decision would remove abortion from their plans, but the fight over the abortion pill proves otherwise.
After the Supreme Court is asked to consider, there is no timetable for when it might act.
Source: TSF
