Groups react to Amarillo federal court ruling on abortion medication

In a ruling issued late Good Friday afternoon, Judge Matthew Kacsmaryk, a federal judicial appointee to the Northern District of Texas, suspended the two-decade-old FDA approval of the medication abortion drug mifepristone. The ruling is paused for seven days pending a federal appeal.

Within two hours, Spokane-based federal Judge Thomas Rice ordered federal authorities not to allow restriction of access in 17 states and the District of Columbia for the drug. These states all allow some form of abortion and this ruling blocks the FDA from changing access to this drug in these states.

Reaction across the country to the Amarillo judge's decision from groups that support abortion was sudden and decisive.

Rachel O’Leary Carmona, executive director of the Women’s March, which held multiple protests in Amarillo in response to Kacsmaryk allowing the case to move forward, vehemently disagreed with his ruling in a statement.

“Let's be clear: a full nationwide ban on abortion and access to reproductive health care has always been and is still the goal of Judge Kacsmaryk and extremist groups like the ADF and their allies," Carmona said, in reference to the Alliance Defending Freedom group and Alliance for Hippocratic Medicine behind the lawsuit. “Within that context, Kacsmaryk’s frankly illegitimate decision to suspend the drug is not surprising. What this case is really about is how the ADF and their allies manipulated our judicial system to impose a radical anti-woman political agenda. They stacked the courts with radical politicians cloaked in robes and used forum-shopping to find a fast-track to a Supreme Court completely captured by their agenda.”

More: A conversation with Attorney David Donatti of Texas ACLU regarding abortion pill lawsuit

She also disagreed with the contention that mifepristone has been a problematic drug and the FDA approval was improper.

“This is not a case about science. The science is settled,” she said. “Mifepristone has been used, studied and found to be completely safe and effective for abortion for more than 20 years. It is used by the majority of women who seek abortions as a private and safe option. It is for these exact reasons — because it gives women the ability to make decisions for themselves and their families — that the political right has been so intent on banning it."

UltraViolet, a civil rights group that had a driving billboard outside the judge’s courthouse at the hearing in March, also issued a statement condemning Kacsmaryk’s ruling. Shauna Thomas, co-founder and executive director of UltraViolet, said in her statement: “This sham lawsuit has made a mockery of our legal system. But sadly, today’s illegitimate ruling is now a very real threat to everyone in the United States. As a result, mifepristone, a drug the FDA approved more than 20 years ago and is safer than Tylenol, may not be available to those who need it within a week. This ruling is unacceptable, dangerous, and unprecedented.”

Thomas also urged the Biden Administration to appeal the decision to the Fifth Circuit Court immediately.

“Abortion rights are already in crisis and could be vastly worsened by this ruling in red and blue states alike,” Thomas said. "We will not stop fighting until mifepristone remains available to everyone who needs it, no matter who they are or where they live."

Kristen Rowe-Finkbeiner, executive director and CEO of MomsRising, which represents mothers and their families, said that the ruling would have a significant impact on those women who may require an abortion. She also questioned the judge’s wisdom in ignoring the efficacy and safety of the FDA-approved drug. With this ruling, she saw it as another attack on women’s rights to health care.

“Everyone must be able to access the health care they need. Reproductive rights are human rights,” Rowe-Finkbeiner said. “Denials of safe medications and other health care, and forced births are never okay. Moms are voters, and we will not accept tyranny of the minority or allow extremists to take away our essential liberty.”

More: Protesters gather outside Amarillo courthouse as arguments heard in abortion pill lawsuit

The National Center for Lesbian Rights (NCLR) also issued a statement decrying the stay of the FDA’s approval of mifepristone after two decades of usage. Julianna S. Gonen, NCLR federal policy director, said in her statement: “This unprecedented action to stay the FDA’s approval of a safe and effective medication is alarming not only for its potential to decimate access to abortion care but for its broader implications. Judge Kacsmaryk’s ruling threatens the FDA’s authority over the approval process for medications and could have far-reaching consequences for patients’ access to other FDA-approved medications. It is an appalling rejection of science and public health, and we hope that it will be swiftly reversed on appeal.”

Also coming out against the decision was the American Medical Association (AMA). Dr. James Resnick Jr., president of the AMA, said in a statement that this case breaks long-standing precedence and scientific data.

“Today’s court decision from a federal district court in Texas staying longstanding approval of mifepristone flies in the face of science and evidence and threatens to upend access to a safe and effective drug that has been used by millions of people for more than 20 years,” Resnick said. "The court’s disregard for well-established scientific facts in favor of speculative allegations and ideological assertions will cause harm to our patients and undermines the health of the nation. By rejecting medical facts, the court has intruded into the exam room and has intervened in decisions that belong to patients and physicians. The court’s rebuff of scientific facts also undermines informed decisions, erodes trust in institutions, exacerbates social divides, and places individual and collective health at risk.”

He goes on further to say that no data show that harm is being done with access to this medication and that there is evidence of the toll this will have on women facing these medical decisions. without this option.

“Reduced access to mifepristone will almost certainly exacerbate the maternal mortality crisis in places that do not have access to this medication,” Resnick said. “We will continue to support access to evidence-based health care, including abortion medication, and oppose intrusions that undermine our patients’ health.”

The conflicting rulings from the federal judges in Texas and Washington could mean that the Supreme Court may take up this case. The Biden Administration is expected to appeal this decision promptly.

The Justice Department tonight issued the following statement from Attorney General Merrick B. Garland following the district court decisions in Alliance for Hippocratic Medicine v. FDA and Washington et al. v. FDA: “The Justice Department strongly disagrees with the decision of the District Court for the Northern District of Texas in Alliance for Hippocratic Medicine v. FDA and will be appealing the court’s decision and seeking a stay pending appeal. Today’s decision overturns the FDA’s expert judgment, rendered over two decades ago, that mifepristone is safe and effective. The Department will continue to defend the FDA’s decision. Separately, the Justice Department is reviewing the decision of the District Court for the Eastern District of Washington in Washington et al. v. FDA. The Department is committed to protecting Americans’ access to legal reproductive care.”

The Women’s March will plan a national mobilization to protest this decision from the Amarillo Judge.

This article originally appeared on Amarillo Globe-News: Groups react to Amarillo judge's ruling on abortion drug mifepristone