Federal judge suspends abortion pill in US, Biden 'determined' to fight decision

Europe 1 with AFP 07:16, 08 April 2023

A federal judge on Friday offered another resounding victory to abortion opponents in the United States, withdrawing the marketing authorization of an abortion pill approved for more than 20 years and used each year by half a million American women. President Joe Biden said he was determined to "fight" the decision, calling it an "unprecedented attempt to deprive women of fundamental freedoms."

Ten months after the landmark Supreme Court ruling that gave each US state the freedom to ban abortions on its soil, Justice Matthew Kacsmaryk, known for his ultra-conservative views, issued a decision from Texas that was supposed to apply to the entire country. At the same time, however, one of his colleagues, located in Washington State, ruled that the marketing authorization of mifepristone (RU 486), which is used in combination with another seal, could not be withdrawn in the 17 Democratic states that had seized it.

Policy objective

It will therefore quickly be up to the Supreme Court, deeply overhauled by former Republican President Donald Trump, to clarify the situation. Judge Kacsmaryk's decision will not apply for another week anyway, as the magistrate has chosen to give the federal government time to appeal. This should not be long in coming. "The Ministry of Justice strongly disagrees" with the decision, "it will appeal (...) and will seek a reprieve in the meantime," Minister Merrick Garland said in a statement.

In his 67-page ruling, Judge Kacsmaryk upheld most of the arguments in the lawsuit filed in November by a coalition of anti-abortion doctors and organizations against the U.S. Food and Drug Administration (FDA). Like them, it takes up studies on the risks attributed to the abortion pill, although they are considered negligible by the majority of the scientific community. He also accuses the FDA of failing to follow its procedures in order to meet a political objective.

"There is evidence that the FDA has faced intense political pressure to waive its safety precautions in order to promote the policy goal of expanding access to abortion," he wrote.

'Shameful'

"This is unheard of and deeply damaging," said the powerful family planning organization Planned Parenthood, which runs many abortion clinics in the country. "We should all be outraged that a judge can unilaterally reject medical evidence" to contradict the FDA, added its president Alexis McGill Johnson, stressing that this decision could have consequences "far beyond abortion".

Democratic Vice President Kamala Harris also blasted "an unprecedented decision that threatens women's rights across the country" and expressed concern about the consequences for other cancer or diabetes drugs. The Democratic congressmen focused their criticism on Judge Kacsmaryk: "an extremist judge" for their former leader in the House of Representatives Nancy Pelosi, a "rogue judge" for his successor Hakeem Jeffries.

Appointed by Donald Trump, Matthew Kacsmaryk was a lawyer for a Christian organization before taking office in Amarillo, Texas, where he is the only federal judge. By filing a complaint in that city, opponents of abortion were certain that the file would come back to her. On Friday, they did not hide their joy. SBA Prolife America hailed "a victory for the health and safety of women and girls." Its director of political affairs Katie Glenn said she was "closely analyzing" the second judgment, "but we are hopeful that the dangerous disregard for women's lives displayed for two decades by the FDA will soon be corrected."

"We will not let this unfair decision prevent access to abortion pills"

Even if the court ultimately suspended the FDA's authorization, it would probably take several months before its decision would apply. According to health law experts, the drug regulator must follow a strict procedure before withdrawing the authorization of a product. Women and doctors could also fall back on a second pill, misoprostol, whose use is now combined with mifepristone for greater effectiveness and less pain.

"We will not let this unfair decision prevent access to abortion pills," which via "alternative routes" can "always arrive in your mailboxes," said Elisa Wells, founder of the Plan C information network on abortion pills.