Alliance for Hippocratic Medicine vs. U.S. Food and Drug Administration

What does a Texas court case have to do with medication abortion?

On April 7th, 2023, two federal courts in Texas and Washington issued conflicting rulings on mifepristone, one of the two drugs used for medication abortions. Matthew Kacsmaryk, the Trump-appointed federal judge in Texas, ruled to invalidate the FDA approval of mifepristone (with a stay of 7 days). The Alliance for Hippocratic Medicine is an organization consisting of anti-abortion extremists.

However, a federal judge in Washington, ruled the FDA should not restrict mifepristone and stated “The role of an Article III judge is not to second guess the expertise of the FDA.” 

“But the ruling doesn't mean access to mifepristone will end immediately, and a conflicting order issued by a different judge in Washington could affect the availability of the drug in Minnesota. State abortion providers also say they're prepared with an alternative for Minnesotans seeking a medication abortion.” - Star Tribune

It may seem odd that a case was brought forward in Texas - where abortion was outlawed with the overturn of Roe v. Wade - would have a national impact. The Alliance for Hippocratic Medicine is an organization consisting of anti-abortion extremists. In November of 2022, this organization sued the United States Food and Drug Administration, claiming that their approval of mifepristone, one of two medications used in a majority of medication abortions, was unconstitutional. Under the Trump Administration, there were a significant number of judges appointed to federal courts in Texas - the lawyers at AHM decided to bring forward this case in Texas because they knew it would be the best opportunity to be heard by a Trump-appointed judge.

There is no precedent for the reversal of FDA approval. There are many possible outcomes from the case, but it does mean the decision could be as far-reaching as a ban on the medication that could impact use in all 50 states including where abortion is legal.

Why does this impact Minnesota, where abortion is protected?

As it stands right now, the Federal Government is neutral on the legality of abortion - which is why states are able to protect or restrict access. Alliance for Hippocratic Medicine vs. U.S. FDA could overturn a standing FDA approval. Since the FDA is a national and federal agency, it will be a federal ruling - which impacts all 50 states.

“The judge in Texas granted a preliminary injunction stopping the FDA's approval of mifepristone, but the ruling does not go into effect for at least seven days to allow the federal government to appeal that ruling. The administration of President Joe Biden has already appealed the ruling.” - Star Tribune

Understanding Medication Abortion

Two-pill medication abortion, which now accounts for over half of all abortions in the United States, is a safe and effective way to terminate pregnancy - typically, in the comfort of one’s own home.

Medication abortion is most commonly completed using two medications - mifepristone and misoprostol. Mifepristone stops the body’s own production of progesterone, which stops pregnancy growth and begins to break down the lining of the uterus.

24-48 hours after mifepristone is taken, misoprostol is used to help the uterus cramp down and empty. Misoprostol causes heavy bleeding and cramps - like a bad menstrual period. Symptoms of medication abortion are in line with miscarriage early in pregnancy.

What are our options for medication abortion without mifepristone?

Let us be clear - any restriction on abortion, especially a nationwide mifepristone ban, impacts abortion access significantly. Most notably, abortion restrictions impact marginalized people the most. However, one-medication medication abortion is approved as a safe abortion method by the World Health Organization in instances where mifepristone is unavailable. Misoprostol-only abortion, while less effective than mifepristone and misoprostol abortion is still a safe and effective form of medication abortion.

What action is being taken to protect abortion?

Pro-Choice Minnesota organizes the tens of thousands of Minnesotans across the state to protect reproductive freedom. Right now, we are actively working with our statewide partners to seek out options to uphold access to medication abortion in Minnesota. On February 22nd, 2023, United States Senator Tina Smith, of Minnesota, wrote to United States Attorney General Merrick Garland, asking for an urgent appeal of the decision in this case.

Now, more than ever, we must continue motivating the Minnesotan pro-choice trifecta to take aggressive action in protecting our fundamental rights.

Take Urgent Action to Protect Abortion: