Dear John,

Another day, another attack by extremist judges threatening access to reproductive health care. I’ll be frank, John, I am infuriated that we’re in this situation again. But alongside our outrage, we must all stay engaged and keep fighting so that judges and politicians who oppose reproductive health care do not have the final word. Here’s an update on what you need to know with the latest goings on with reproductive health care in our courts.

Alliance for Hippocratic Medicine v. FDA:

Last week, a panel of staunchly anti-abortion judges on the U.S. Court of Appeals for the Fifth Circuit released a decision in the Alliance for Hippocratic Medicine v. FDA case that, if allowed to take effect, has the potential to dramatically change the landscape of reproductive health care in our country.

Background: Last spring, you may remember hearing about the case to revoke the FDA’s over 20-year-old approval of mifepristone, one pill in a two-part medication abortion process that is used in more than half of all abortions nationwide. Trump-appointed Judge Matthew Kascmaryk issued a dangerous decision that would essentially take mifepristone off the market. The Supreme Court jumped in though, temporarily halting the decision from taking effect while the case makes its way through the courts. Last week, the Fifth Circuit ruled to reinstate restrictions on mifepristone from 2011, including requiring you to be in-person to access the drug (so, no telehealth and mail order prescriptions) and significantly decreasing the limit on when you can use the drug from 10 weeks to 7 weeks into a pregnancy. The Department of Justice has already said it will appeal the Fifth Circuit’s decision.

Bottom line: Because of SCOTUS’ order in the spring, these outdated 2011 medically unnecessary restrictions won’t go into effect, for now. SCOTUS will now have to decide whether to take up the case. As we wait for SCOTUS to act, mifepristone access remains the same. But, its future is unclear as this case continues.

Please, John, understand this decision for what it is: a warning sign of things to come and further evidence of the coordinated effort by extremist judges to continue attacking abortion access until it is banned nationwide.

What else you need to know:

Another case on our radar, Doe v. Planned Parenthood Federation of America, has the potential to effectively shut down Planned Parenthood nationally. This case is before Judge Kacsmaryk. Yes, you read that right: the same extremist judge who issued the biased decision attempting to take mifepristone off the market is once again reviewing a case that could decimate access to abortion and other critical reproductive health care. This blatant attempt to close Planned Parenthood’s doors would be devastating to the millions of people who seek trusted health care, including birth control, life-saving cancer screenings, STI treatment, and abortion, from Planned Parenthood. While we are still awaiting his decision, we are terrified over the likely outcome considering Judge Kacsmaryk has made it clear he will insert his bias and personal views in his decisions.

Our democracy needs a fair and impartial court system to thrive. But after a decades-long, coordinated campaign by conservatives, we’re seeing—and living through—the effects of extremist Trump-appointed judges committed to abusing their power. That Kascmaryk has so many cases where his baseless decisions have nationwide implications for all of us and our access to a range of essential reproductive health care demonstrate that our system is failing. But Kacsmaryk is just the tip of the iceberg. Terrifying cases and rulings like these will keep coming from these judges at every level. We need and deserve impartial judges committed to equal justice, not their own political agendas, who are bound by a strong code of ethics. 

We know this is a scary moment, and it is easy to feel powerless. But, I promise, at the National Women’s Law Center, we are in your corner fighting hard to expand access to reproductive health care and advocate for better judges. We are not going anywhere, and we will continue to keep you updated. 

In solidarity,

Leila Abolfazli
she/her/hers
Director of National Abortion Strategy
National Women's Law Center