John – The 13 days since a right-wing judge overturned the FDA approval of the abortion medication mifepristone have been chaotic, confusing, and dangerous.
I've spoken to so many folks who are having trouble keeping up with all of the court decisions and appeals, and who just need to know what's going on. So, I thought I'd send this email to update you on what's happened so far, and where we're headed.
On April 7, Matthew Kacsmaryk, an anti-choice federal judge in Texas, took the unprecedented step of reversing approval for mifepristone, a drug deemed safe and effective by the FDA for the past 23 years.
That same day, a federal judge in Washington state issued a conflicting ruling, allowing mifepristone to be legally dispensed in the 17 states plus D.C., which sued in support of its legality.
Last week, the Biden Administration appealed the Texas ruling. That appeal has two steps:
A hearing (which hasn't happened yet) and
A short-term decision about what the law is until the official hearing happens.
On Thursday, April 12 , a federal appeals court decided the second question, ruling that mifepristone will remain legal.
But the kicker here is that the prescribing guidelines were reverted back to what they were before 2016, which means new and unnecessary burdens on patients that haven't existed for the past seven years – a shorter period of time to use the drug, three mandatory in-person doctor's appointments, and crucially, mifepristone cannot be sent by mail, leaving women in rural areas or without reliable transportation few options for medication abortions.
So, for right now, the fate of this widely-used drug is winding its way through the appeals process that could very well end up at the Supreme Court – and we don't know how long it's going to take.
But what we do know plainly is that even though they carry on long and loud about "states rights," the right wing extremist GOP never intended to allow abortion to be decided by the voters of each state. They want a federal abortion ban and they appear willing to use any means to get there.
Via legislatures, or popular vote, or court rulings, or TRAP laws, if anti-choice radicals can place enough undue burden on patients, they'll effectively eliminate abortion.
It's a frightening outlook, but know that I will always oppose any kind of federal abortion ban, whatever it may look like. I'll continue this fight, until every state in the country recognizes our reproductive freedom and the right to make our own medical decisions without government interference.
In solidarity with women everywhere,
Val
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