Governor Mills and Attorney General Frey Announce Mifepristone to Remain Available in Maine Without New Restrictions Following Federal Court Decision in Washington?

Intervention by Attorney General Frey ensures that Maine people will not be affected by the Texas or Fifth Circuit Court decisions surrounding mifepristone

Governor Janet Mills and Attorney General Aaron Frey announced tonight that mifepristone will remain legal and accessible in Maine without the restrictions enacted by the Fifth Circuit Court of Appeals following a decision from U.S. District Court Judge Thomas Rice of the Eastern District of Washington today.??

Judge Rice tonight issued an order in response to the U.S. Department of Justice asking how the U.S. Food and Drug Administration should respond to his decision to keep mifepristone on the market in more than a dozen states, including Maine. In his order, the Judge stated that mifepristone must remain available in the District of Columbia and 17 states that were party to the suit, including Maine, without the restrictions directed by the Fifth Circuit, until and unless a higher court rules otherwise. The State of Maine is party to the suit thanks to Attorney General Aaron Frey.

?I am grateful to Attorney General Frey for intervening in the Washington State case. As a result of this action and the ruling from the Judge in Washington State, mifepristone will remain legal in Maine without the baseless and scientifically unsound restrictions ordered by Fifth Circuit Court of Appeals,??said Governor Janet Mills. ?At a time when the reproductive rights of women are under constant attack, this is welcome, positive news and a relief ? particularly when it comes to protecting the health and welfare of Maine women, especially those who live in rural areas of our state. My Administration will continue to work closely with the Office of the Attorney General to fight back against those who will not rest until the reproductive rights of women are completely stripped away.??

?I am immensely grateful to have joined with this coalition of states to secure this win for Maine,??said Attorney General Frey. ?While this ruling is likely not the end of this battle, I hope this decision will provide some assurance to the people of Maine that we will continue to fight for their rights to make decisions about their bodies, their families, and their futures.???

Last night, the Fifth Circuit granted a partial stay pending appeal of last week?s ruling by a Federal judge in Texas to suspend the U.S. Food and Drug Administration (FDA) approval of mifepristone, thereby allowing the medication to remain available. However, this Court suspended a series of measures the FDA has taken in recent years to make the drug more readily accessible, pending further review. While mifepristone remains legal under the Fifth Circuit order, actions taken by the FDA since 2016, such as allowing the medication to be used up through ten weeks of pregnancy and allowing the medication to be sent to patients by mail, were suspended by the Court.

However, a Federal Judge for the Eastern District Court of Washington also ruled last week that mifepristone must remain available and accessible. In response to his decision, the U.S. Department of Justice asked the Judge to clarify how the FDA should respond to his order to keep the mifepristone on the market in more than a dozen states, including Maine. The Washington Judge issued an order today stating that mifepristone must remain available in D.C. and the 17 states that were party to the suit, including Maine, without the restrictions permitted by the Fifth Circuit, until and unless a higher court rules otherwise.

Since its approval in 2000, mifepristone has been used safely for abortion and miscarriage management and for other medical uses. It is currently used in half of all abortion procedures nationwide.