Last Friday, a Trump-appointed judge in Texas, Matthew Kacsmaryk, issued a ruling intended to further limit abortion access nationwide — even in states where large majorities of residents support keeping it legal.
The ruling purports to overrule the FDA’s approval — 23 years ago! — of a drug called mifepristone, which is used in more than half of all abortions in the United States.
This misogynistic ruling has zero basis in actual science or law.
Contrary to Kacsmaryk’s ruling, the safety and effectiveness of mifepristone — which, again, has been approved for use since 2000 — is supported by overwhelming evidence.
I can say that with some authority because no organization has challenged the FDA’s approval of unsafe or ineffective medications more than Public Citizen.
- There is no basis in science or fact for Kacsmaryk’s finding that mifepristone is unsafe when used as approved by the FDA.
- Kacsmaryk disregarded extensive evidence — from the U.S. and around the world — that mifepristone is safe and effective. Instead, he relied on anecdotal postings on an anti-abortion website.
- The ruling shows a misunderstanding (to choose a gentle word) of the federal drug-approval process.
- The errors and conclusions throughout Kacsmaryk’s ruling clearly reveal that he is making a political decision, not a judicial one.
Late yesterday, an appeals court overruled parts of Kacsmaryk’s decision. But it also overturned steps the FDA has taken to make mifepristone accessible, including allowing it to be sent through the mail and to be prescribed by health care providers who are not doctors.
We must not allow any part of these baseless anti-abortion rulings to become the law of the land.
Tell the Biden administration:
The unfounded rulings on mifepristone from Judge Matthew Kacsmaryk and the Fifth Circuit pose a serious threat to the wellbeing of pregnant people and are an affront to the rule of law. We urge you to do absolutely everything in your power to fight the rulings and preserve access to medication abortion.
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For progress,
- Robert Weissman, President of Public Citizen
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