Medication abortions face an uncertain future in the US

On Friday, a federal judge in Texas officially suspended FDA approval of the drug mifepristone, which is one of two pills used in medication abortions. If the ruling stands on appeal, it would effectively outlaw mifepristone nationwide – even in states where abortion is legal.

💊 Some quick background: Mifepristone, alongside the drug misoprostol, is typically taken during the first 10 weeks of pregnancy to induce an abortion or help manage an early miscarriage.

• More than 3.7 million women have used mifepristone since it became available in the US at the start of this century, with its popularity gradually rising over time.
• In 2022, the mifepristone/misoprostol combination accounted for over half of all abortions performed in the US (54%).

👀 Looking ahead… In a 67-page ruling, Judge Matthew Kacsmaryk said the FDA unlawfully approved mifepristone for sale in the US by using a pathway intended for drugs to treat serious illnesses. He also said the agency failed to appropriately assess the drug’s safety before approving it.

But Judge Kacsmaryk delayed the impact of this ruling for seven days, for the purpose of allowing the Biden administration to appeal and seek an emergency stay while the process plays out. Experts say the case will very likely end up before the Supreme Court in the coming months.

• If the Biden admin’s request for a stay is denied, then US residents would no longer be able to legally access mifepristone starting on Friday. An exception could be carved out for 17 Democrat-led states and D.C., which are currently suing to force the FDA to expand access to mifepristone.

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