Global Courant 2023-04-14 06:15:23
A federal judge in Washington state clarifies its ruling on access to the abortion pill that contradicts earlier rulings by two other federal courts.
In a separate lawsuit filed by 17 states with the Democratic Attorneys General, Judge Thomas O. Rice issued a ruling that forces the FDA to do nothing that could affect the availability of the abortion drug mifepristone in the plaintiff states.
FILE: Mifepristone (Mifeprex), one of two medications used in a drug-induced abortion, goes on display June 15, 2022 at the Women’s Reproductive Clinic, which offers legal drug-induced abortion services in Santa Teresa, New Mexico. (Robyn Beck/AFP via Getty Images)
Rice said his decision, retaining full unfettered access to the drug, remains in effect “regardless of the ruling of the Northern District of Texas Court or the anticipated ruling of the Fifth Circuit.” That includes access to the drug by mail.
Rice was asked to clarify his position following a federal appeals court ruling late Wednesday that the mifepristone can still be used for now but shortens the period of pregnancy during which the drug can be taken and said it could not be mailed are delivered.
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The decision temporarily limited a ruling by a Texas lower court judge that had completely blocked the FDA’s approval of the drug while a lawsuit is pending.
The Biden administration said on Thursday it would appeal. The Supreme Court will be the next stop for a legal battle over a drug used in the country’s most common method of abortion.
FILE: Bottles of abortion pills mifepristone, left, and misoprostol, right, at a clinic in Des Moines, Iowa. (AP Photo/Charlie Neibergall)
Mifepristone was approved for use by the Food and Drug Administration more than two decades ago. It has been used by more than 5 million women to terminate their pregnancies, and today more than half of women who terminate a pregnancy rely on the drug, according to the DOJ.
Rice’s order marks a legal victory for abortion rights advocates, but creates further confusion over how the FDA should enforce mifepristone.
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Rice’s decision is likely to be cited by the Justice Department when it appeals to the Supreme Court to overturn significant portions of the appeals court’s earlier ruling.
The Associated Press contributed to this report.
Bradford Betz is a Fox News Digital breaking reporter covering crime, political issues and much more.