Justice Department to appeal decision by Texas judge suspending FDA approval of medication abortion pill

A federal judge in Texas ruled on Monday that the US Food and Drug Administration (FDA) must end its restrictions on dispensing medication abortions during the COVID-19 pandemic. Judge Lee Yeakel said that the requirement for providers of the medication, a combination of mifepristone and misoprostol pills, to personally distribute it to women in-person in a hospital or clinic setting during the pandemic presents a “substantial obstacle” to patients and is therefore a violation of the Constitution. The ruling blocks enforcement of the in-person requirement on a nationwide level. However, hours later, another federal judge in Washington state upheld the FDA rule, arguing that it was needed for patient safety. The conflicting rulings open up the possibility of the case going to the US Supreme Court.

The Texas lawsuit was filed by the American College of Obstetricians and Gynecologists (ACOG) and other groups against the FDA in July. They argued that the medication, which has been used in over four million abortions in the US since its approval in 2000, can be safely prescribed through telemedicine and mailed to patients. The restriction on in-person distribution during the pandemic, according to the plaintiffs, puts women at risk of contracting COVID-19 and makes it difficult for them to access needed medical care. In his ruling, Judge Yeakel stated that the in-person requirement presents a “serious burden” for many women, particularly those living in rural or underserved areas who may not have access to a clinic providing the medication within 100 miles of their home.

The ruling is seen as a victory for reproductive rights advocates and for patients seeking abortion care during the pandemic. Prior to the ruling, 20 US states had requested that the FDA remove its restrictions on medication abortion during the pandemic. However, the decision may not be the final word on the matter, as the conflicting ruling out of Washington state will likely lead to further legal challenges. It is unclear whether the case will ultimately be brought before the US Supreme Court, and even less clear is the fate of the other legal battles over reproductive rights that are currently making their way through the US court system.



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