States Revive Lawsuit to Sharply Curb Access to Abortion Pill
The Supreme Court ruled in June that the original plaintiffs, anti-abortion doctors and groups, did not have standing to sue. Now three states are trying to continue the legal fight.
The Supreme Court ruled in June that the original plaintiffs, anti-abortion doctors and groups, did not have standing to sue. Now three states are trying to continue the legal fight.
The temporary stay is meant to preserve the status quo while the justices study lower court rulings, and it did not forecast how they would ultimately rule.
The preliminary ruling from Judge Matthew J. Kacsmaryk adopts the terminology of anti-abortion groups, such as “chemical abortion,” “abortionist” and “unborn human.”
More than 400 executives said that the decision ignored both scientific and legal precedent and that, if the ruling stood, it would create uncertainty for the pharmaceutical and biotech industries.
Legal scholars say the ruling by a Texas judge, if upheld, could spur disputes over many medications and upend the drug industry’s reliance on the agency.
One federal judge said the F.D.A.’s approval of the drug mifepristone was invalid, while another federal judge ordered the agency to keep the pill available. The legal fallout is just beginning.
One invalidated the F.D.A.’s approval of the abortion pill mifepristone. The other ordered the F.D.A. to do nothing to restrict the pill’s availability.
The Texas judge’s ruling was quickly contradicted by another federal judge in Washington State who ordered the F.D.A. to keep mifepristone available.
The judge said he would decide soon whether to issue a preliminary injunction ordering the F.D.A. to withdraw its approval of the drug or wait for the full trial.
The first hearing in a lawsuit that seeks to overturn F.D.A. approval of the pills takes place Wednesday morning in Texas.
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