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CONFLICTING ABORTION PILL RULINGS

The nation has been eagerly watching a pending court case in Texas in which The Alliance for Hippocratic Medicine, et al. challenged the FDA’s approval of the chemical abortion pill; a move which, if successful, would mean a nationwide ban of the chemical abortion pill regimen.

In a separate and less publicized court case from Washington state, a federal judge was also weighing merits in a case brought by 12 states regarding access to chemical abortion.

Both federal judges issued their rulings this evening. The Texas judge ruled that the FDA cannot allow chemical abortion to be prescribed via telemedicine or without an in-person doctor’s visit, while the Washington judge ruled that the FDA must continue providing the abortion pill in accordance with the Biden-era rule changes.

What Does This Mean?

While the ruling in the Washington case technically only applies to 12 states, it still stands in direct conflict with the Texas ruling. With two rulings that directly contradict with each other, it is certain that this issue will be resolved by the United States Supreme Court. Keeping in mind this is the same Supreme Court which, just last summer, overturned Roe v. Wade and Doe v. Bolton in a historic single blow.

The Texas ruling goes into effect in 7 days, giving the Biden Administration time to file for an emergency hearing seeking an injunction (a temporary ‘hold’ on the decision while the case proceeds) with SCOTUS. It is likely that SCOTUS will lean heavily on the arguments and findings from the Texas case ahead of any decision to provide a temporary injunction while appeals are made in both cases.

What Exactly WAS The Texas Challenge?

The plaintiffs, represented by The Alliance Defending Freedom, argue that the FDA unlawfully fast-tracked the approval and never studied the safety of the drugs under the labeled condition for use. The FDA characterized pregnancy as an “illness” and never studied the safety of the drugs for use in abortions. The FDA’s approval of mifepristone and misoprostol’s use for abortions should be reversed, according to the complaint.

“To date, the FDA’s review, approval, and deregulation of chemical abortion drugs has spanned three decades, correlated with four U.S. presidential elections, and encompassed six discrete agency actions. Plaintiffs challenge these six FDA actions and ask that the Court hold them unlawful, set them aside, and vacate them.” Case no. 2:22-cv-00223-Z, Complaint, p. 2

What Exactly WAS The Washington State Challenge?

State of Washington v FDA challenged that the FDA’s approval was too restrictive under the FDA REMS program claiming that it “hampered access” by singling out one of the chemical abortion pills, mifepristone. The judge held that a nationwide injunction blocking mifepristone’s distribution would be “inappropriate.”

How Can You Help?

First, pray for the pro-life attorneys at Alliance Defending Freedom who will argue this case in front of SCOTUS and for the Supreme Court Justices who will hear the arguments. If you or your church want to step up to spread awareness, educate your congregations, or support pro-life groups like GLA, local pregnancy help organizations, and foster and adoption agencies as we forge ahead in this post-Roe Georgia; click here.

There may also be opportunities to sign onto amicus briefs with GLA and others in support of the Texas ruling. Georgia’s Attorney General, Chris Carr, joined with 21 other state Attorneys General in filing an amicus brief supporting the Plaintiffs in the Texas case, so also listen out for updates from GLA how you can support our pro-life Attorneys General.

Our team will continue actively tracking this case and will be sending out updates via email and on our social media accounts. Follow us and sign up to receive urgent updates!

THIS FIGHT IS FAR FROM OVER. OUR ENEMY HAS ENDLESS LIES AND FINANCIAL BACKING TO CONTINUE ATTACKING THE SANCTITY OF LIFE AT EVERY STAGE. PLEASE CONSIDER HELPING US FIGHT BACK BY PRAYING, FINANCIALLY SUPPORTING, VOLUNTEERING, AND SHARING EDUCATIONAL RESOURCES.

P.S. We need your help to continue building a culture of life in Georgia. Here’s how you can help!

1. PRAY. Pray for the safety of the Judge and parties to the lawsuit pending in Texas, pray for GLA as we continue supporting our pro-life lawmakers and representing the pro-life movement in the media, and pray for pregnancy centers who are already coming under attack by abortion activists.

2. DONATE to GLA. Chip in to help us end abortion once and for all and build a Culture of Life. GLA has led the fight statewide to pass and protect the Heartbeat Bill and support candidates who will protect it.

3. SUPPORT your local pregnancy help organization and adoption/foster agencies. They need your generous donations to answer the increased demand for services as the Heartbeat Bill goes into effect.

4. CALL your pastor and ask them to speak about the sanctity of life boldly, host a prayer rally, and support pro-life groups like GLA and local pregnancy centers.

5. ENCOURAGE pro-life lawmakers and service providers on the frontlines who are going to be pressured by liberals and the media to back down. Let them know you have their backs now.