Massachusetts politicians react to competing abortion pill rulings

Massachusetts politicians sounded off after access to the most commonly used method of abortion in the country became shrouded in certainty.

U.S. District Judge Matthew Kacsmaryk, a Trump appointee, ordered a hold on federal approval of mifepristone in a decision that overruled decades of scientific approval. But that decision came at nearly the same time that U.S. District Judge Thomas O. Rice, an Obama appointee, essentially ordered the opposite and directed U.S. authorities not to make any changes that would restrict access to the drug in at least 17 states where Democrats sued in an effort to protect availability.

Congresswoman Ayanna Pressley, Chair of the Pro-Choice Caucus’ Abortion Rights and Access Task Force, said in a statement that abortion pills are medically safe and called the ruling from Kacsmaryk a “devastating” ruling.

“If allowed to go into effect, this ruling, like all abortion restrictions, would fall hardest on Black, brown, low-income, LGBTQ, Indigenous folks, the disabled, and more of the most marginalized—and it marks the latest in a decades-long, white supremacist effort to control and deny us our bodily autonomy,” said Pressley.

The abortion drug has been widely used in the U.S. since securing FDA approval in 2000. Mifepristone is one of two drugs used for medication abortion in the United States, along with misoprostol, which is also used to treat other medical conditions.

Kacsmaryk signed an injunction directing the FDA to stay mifepristone’s approval while a lawsuit challenging the safety and approval of the drug continues. His 67-page order gave the government seven days to appeal.

“Simply put, FDA stonewalled judicial review — until now,” Kacsmaryk wrote.

“We will fight this relentless, radical right-wing assault on reproductive freedom and we will win,” wrote Massachusetts Senator Ed Markey on Twitter.

Senator Elizabeth Warren called for President Biden to intervene.

Clinics and doctors that prescribe the two-drug combination have said that if mifepristone were pulled from the market, they would switch to using only the second drug, misoprostol. That single-drug approach has a slightly lower rate of effectiveness in ending pregnancies, but it is widely used in countries where mifepristone is illegal or unavailable.

Anti-abortion groups, which are newly encouraged about their ability to further restrict abortion and prevail in court since last’s year’s reversal of Roe v. Wade, embraced the Texas ruling.

“The court’s decision today is a major step forward for women and girls whose health and safety have been jeopardized for decades by the FDA’s rushed, flawed and politicized approval of these dangerous drugs,” said March for Life President Jeanne Mancini.

Legal experts warned that the ruling could upend decades of precedent, setting the stage for political groups to overturn other FDA approvals of controversial drugs and vaccines.

“This has never happened before in history — it’s a huge deal,” said Greer Donley, a professor specializing in reproductive health care at the University of Pittsburgh Law School. “You have a federal judge who has zero scientific background second guessing every scientific decision that the FDA made.”

Still, because of the contradictory nature of the rulings, Greer and other experts said there would be little immediate impact.

“In the short term, nothing’s going to change,” Greer said. “This is the time to be preparing for the fact that in a week, potentially, mifepristone becomes an unapproved drug in this country.”

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