The Threat to Medication Abortion
By Heather Loebe, Seattle NOW Treasurer
If you are reading this, you likely have some knowledge of the medication abortion pill, Mifepristone, and the threat it faces from a lawsuit brought before a conservative, Trump-appointed judge in Amarillo, Texas in mid-March. But in case you still have questions, here is the low-down:
Mifepristone, approved by the FDA in 2000 for first-trimester terminations, is a drug used in conjunction with misoprostol in over half of the abortions in the US. Since its approval 20 years ago, it has been used in around 5 million instances and is reported to have a very strong safety record by many medical groups, including the AMA.
The goal of the lawsuit, brought on by the Alliance for Hippocratic Medicine, a coalition of medical groups and doctors that oppose abortion rights, is to take it off the market. This group is challenging the FDA’s approval, potentially putting pressure on providers that have been using this drug for the majority of abortions in the US.
Judge Matthew Kacsmaryk has a long track record with conservative and religious groups and signaled during the hearing that he could rule to halt sales. If that happens, providers can prescribe only misoprostol, which is safe but less effective and comes with more side effects.
The plaintiff’s lawyers are arguing that the availability of the pill undermines the ability to enforce state restrictions and that the doctors represented are being harmed by the occasional need for minor follow-up care - bleeding, cramping, surgical procedures (in a small number of cases) - taking away from their regular practice.
It all comes down to what the judge decides. If he sides with the plaintiffs, he would have several choices - ordering the drug to be removed from the market or reinstating past restrictions, like disallowing distribution by mail. Depending on his ruling, there could be an appeal to the 5th Circuit that will lead this case to the Supreme Court.
Meanwhile, the Oregon and Washington Attorneys General along with 10 other AGs have brought a case against the FDA for unnecessarily singling out the drug for excessive regulation. Dueling federal rulings could also lead to the Supreme Court. Kacsmaryk will rule any day now, deciding the fate of where this fight ends up next.
An excellent source for news and access is plancpills.org. Also, be sure to see our “Call to Action” section for more on what is happening with Mifepristone and pharmacies.