💬 Discussion

Abortion pills face an uncertain future in the US

Friday, Feb 10, 2023

Image: Robyn Beck/AFP

Lawyers from the Biden administration and conservative group Alliance Defending Freedom will submit briefs later today as part of a federal lawsuit in Texas that could effectively outlaw mifepristone, one of two pills used in medication abortions – even in states where abortion is legal.

💊 Some quick background: Mifepristone is typically taken during the first 10 weeks of pregnancy, alongside the drug misoprostol, in order 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%).

⚖️ The arguments: Anti-abortion/pro-life activists represented by the Alliance Defending Freedom are seeking to reverse the FDA’s approval of mifepristone, which would effectively ban the drug nationwide. In the group’s 113-page lawsuit filed this past November, it argued that the FDA didn’t adequately study mifepristone’s side effects before approving the drug in 2000, since it was under pressure to do so from then-President Bill Clinton.

  • FDA officials have said the charges are baseless and politically motivated, and presented evidence to the court that mifepristone has been safely used by millions of people over the last 23 years.

👀 Looking ahead… The Texas judge overseeing the case, a Trump appointee, is expected to issue a decision as early as today. The Biden administration plans to appeal any ruling against mifepristone – though its appeal would first go to the right-leaning 5th Circuit Court of Appeals, and then the Supreme Court, where conservatives hold a 6-3 majority.

📊 Flash poll: How do you feel about the Alliance Defending Freedom’s lawsuit seeking to reverse the FDA’s approval of mifepristone?

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See a 360° view of what media pundits are saying →

Democratic donkey symbol

Sprinkles from the Left

  • Some commentators argue that under ordinary circumstances, the Texas lawsuit would be laughed out of court. Instead, it’s being greeted with anxiety among abortion rights advocates because the judge hearing the case – through careful selection of venue – is a Trump appointee with a history of anti-abortion stances
  • Others contend that a seemingly absurd scenario, in which a federal judge declares a drug used safely by millions of American women over 2+ decades did not receive proper vetting and forces it off the market, could soon come to pass.
Republican elephant symbol

Sprinkles from the Right

  • Some commentators argue that medication abortions should be the next target of pro-life activists due to its growing popularity, and also the fact that it carries a greater risk of an ER visit than surgical abortion.
  • Others contend that the FDA needs to regulate drugs based on what’s appropriate for the health of Americans, not politics – which means keeping mifepristone available to patients, given its decades-long safe track record.
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