The conservative war against abortion did not end with the US repeal of the Constitutional protection of this right in the United States last summer. Supreme Court. as well as affirming and encouraging Restrictive legislation in republican-controlled statesAnti-abortion groups continued their work fight in courtand the last major battle is currently being fought around mifepristone. medicine most commonly used in medical abortions in the country future The Supreme Court must decide.
These are the keys to war.
Medicine
This mifepristone it was Authorized in 2000 by the US Drug Administration (FDA for the English abbreviation). It is a widely used drug all over the world. blocks production progesteronehormone that promotes pregnancy. Normally used in combination with misoprostolanother drug that causes expulsion of uterine contents (and can be used alone, although less effective and has more side effects).
Its use has been increasing since its approval and the drugs have been in use for three years already. More than half of pregnancy terminations inside United States of America, According to data from the Centers for Disease Control and Prevention.
Since 2016, the FDA has changes to facilitate access mifepristone Seven to use 10 weeks pregnantallows it to be sent by mail or who can prescribe nurses and midwives or through telemedicine. It also cut appointments from three to one to get prescriptions. And in 2019, a generalIt is currently used for two-thirds of medical abortions in the United States.
legal battle
shortly after its repeal karaca v. wade Last summer, which ended the constitutional protection of abortion, anti-abortion group Alliance Opened an office for Hippocratic Medicine Yellow (Texas) initiating lawsuits against the FDA with other organizations and doctors.
That group knew that the case would eventually fall into the hands of the state. U.S. District Judge Matthew Kacsmaryk, conservative judge named after Donald Trump. And on April 7, Kacsmaryk, until the preliminary hearing came, stopped the distribution of mifepristone in the whole country. Peppered with her opinion anti-abortion language and medical providers used terms like “abortionists” to talk about “chemical abortion” or “unborn child.” He also claimed that the FDA “violated its legal mandate” by approving the drug and “was a waiver of safety concerns.” less than 1% Proportion of patients using drugs for abortion they need to be hospitalized.
Appeal
Kacsmaryk gave seven days to file an appeal, and the Government did so on the 10th, when it appealed its decision to the Supreme Court. Supreme Court corresponding New Orleans. On April 12, a court ruled by a 2-1 vote. Two judges appointed by Trump Arguing that too much time had passed to challenge the FDA’s permission, they prevailed over someone appointed by George Bush that mifepristone could continue to be distributed in the United States.
However, the appeals court also decided that this was possible. Revoking FDA-approved measures since 2016 facilitated access to drugs.
Supreme Court
Administration Ministry of Justice Joe Biden made Urgent appeal to the Supreme Court, where is the judge last friday Samuel Alito (which signed the Dobbs v Jackson resolution that killed Roe in the summer) ordered Administrative suspension of restrictions imposed by the Supreme Court. Alito gave supporters of the original case until noon on April 18 to submit their claims to court. The decision to be made before midnight the next day.
Also they dance labsHe filed an urgent appeal to the supreme court, accusing the New Orleans appeals court of “creating” his only drug, the US commercial version of mifepristone, which was the only option before generic approval. regulatory chaos in the whole country”.
reactions
Both of them White House like groups and activists in favor of abortion but also medical establishments And pharmaceutical industry They condemned and denounced the decisions of the lower courts. Biden, Kacksmaryk” Changed by FDA’s own decisionThe expert organization that approves the drugs” and if its opinion is accepted” was dropped.there will be almost no FDA-approved drugs that will be safe of this kind ideological and political attacks”.
Moreover American Medical Association it has provided judges and legislators should not substitute their views for the experience, knowledge and authority of the FDA.” and denounced “allowed by the court of appeal”. speculative pseudoscience arbitrarily retracting access based on data and evidence safe and effective medicine and leaving millions of women without critical reproductive health drugs.
what could it be
The Supreme Court will decide transcendental. If you sided with the appeals court, you would be giving the green light to restrictions such as the use of abortion drugs in court only. first seven weeks of pregnancyveto over distribution by mail mifepristone or imposition of three medical visits It forces many women to travel long distances and make multiple visits within a few days to see a licensed doctor before getting a prescription. Also, you can Some doctors are reluctant to prescribe. It’s a drug involved in legal battles, although it’s doubtful that the Department of Justice will follow suit when it argues in judicial appeals that mifepristone is safe and effective.
A lot Democratic governed states they have already started increase your reserves mifepristone (Washington and Massachusetts) and misoprostol (California and New York). There’s also a decision by a Washington state judge on April 13 in a lawsuit filed by prosecutors from 17 Democratic states and Washington DC forcing them to gain access to information in those states. mifepristone.
The Supreme Court conservatives’ dilemma
This case puts the conservative majority of the Supreme Court in a difficult position. When they shot Roe, these judges provided: Supreme should not regulate abortion, but that rule corresponds to the states. And in his opinion, one of the conservative judges, Brett Kavanaugh, wrote in that sentence: “The nine members of this court will no longer decide the basic legality of abortion before the viability of the (fetus) people in the 330 million American states or in the democratic process and their representatives in Congress. will be resolved by”, the idea now testing the legal path taken by the government. anti-abortion groups against the drug.
Moreover, two years ago, the conservative majority of the Supreme Court overturned that judgment when the Trump Administration challenged a judge’s decision to remove the need to go to the doctor for a prescription due to the pandemic. on that occasion ultra-conservative judges Samuel Alito and Clarence Thomas criticized the judge for “attributing to himself the ability to outdo the FDA on drug safety.” Moreover John Roberts, The conservative head of the Supreme Court expressed his opinion on this occasion “Courts owe significant respect to politically responsible organizations with the record, competence and experience in assessing public health.”