President Joe Biden’s administration has asked a court to block the Texas ruling from taking effect as scheduled on Saturday…reports Asian Lite News
New court rulings could spark more change for US abortion policy, which has been in flux since last June when the Supreme Court overturned the nationwide right to an abortion.
Courts are considering big changes, including some with broad implications, as state legislatures enact more restrictions or outright bans.
The majority of abortions in the US are obtained using a combination of two medications. Anti-abortion groups have been trying to limit access to one of them.
In dueling decisions last Friday, two federal courts issued conflicting rulings about whether one of the drugs, mifepristone, should remain available.
In a first-of-its kind ruling, a federal judge in Amarillo, Texas, blocked the Food and Drug Administration’s approval of the drug, which dates back to the year 2000. The same day, a federal judge in Spokane, Washington, ordered the FDA not to do anything that might block mifepristone’s availability in 17 Democrat-led states suing to keep it on the market. The states are: Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, New Mexico, Nevada, Oregon, Pennsylvania, Rhode Island, Vermont and Washington, plus the District of Columbia.
President Joe Biden’s administration has asked a court to block the Texas ruling from taking effect as scheduled Saturday. It also asked the Washington court for clarity on its ruling.
Whichever side loses in either case will almost certainly appeal, ultimately all the way to the nation’s highest court.
In the meantime, some Democrat-controlled states are stockpiling abortion pills, including New York, which announced plans to do so Tuesday, while Wyoming last month became the first state to explicitly prohibit abortion drugs.
In 2019, the Iowa Supreme Court blocked a law prohibiting abortion once cardiac activity can be detected, which occurs after about six weeks of pregnancy and often before women know they are pregnant. Officials in the Republican-dominated state have been pushing to overturn that ruling.
On Tuesday, the issue went before the state Supreme Court, which is now made up entirely of seven Republican appointees. A new decision is expected this summer.
Also on Tuesday, a Montana judge denied Planned Parenthood of Montana’s request to preemptively block legislation before it’s signed that would ban dilation and evacuation abortions, the kind most commonly used in the second trimester of pregnancy. Opponents said they wanted to act quickly because the law would take effect immediately if Gov. Greg Gianforte signs it. Gianforte has previously approved other abortion restrictions.
Nebraska lawmakers are expected to start debate Wednesday on a bill that would ban abortion once cardiac activity can be detected.
In February, the South Carolina Senate passed such a ban. The same month, the House approved one that would apply throughout pregnancy. The two chambers have not yet negotiated which version to send to the governor.
In Florida, Gov. Ron DeSantis, who is expected to run for the GOP presidential nomination next year, has supported ending abortion access earlier than the 15-week mark currently in effect there. The state Senate has approved a ban after six weeks’ gestation. The measure could win House approval and be sent to DeSantis as soon as this week.
Abortion is already effectively banned at all stages of pregnancy in 13 states, and when cardiac activity can be detected in one.
Courts have blocked bans throughout pregnancy in another five states, and in one where the cut-off for the procedure is when cardiac activity can be detected. Republicans in those places and others are pushing for even tougher policies.
This month, Idaho Gov. Brad Little signed a law making it a crime for an adult to help a minor get an abortion without parental consent.
Iowa’s attorney general took another step this month, announcing her office will stop paying for emergency contraception and abortions for sexual assault victims while it studies the policy.
FDA authorization for a key abortion drug could be nullified after Friday, unless an appeals court acts on a Biden administration request to block last week’s ruling suspending approval of the drug.
The drug, mifepristone, is used in more than half of all the abortions in the US. The ruling, issued by a federal judge in Texas, applies across the country.
Writing that the ruling would “inflict grave harm on women, the medical system, and the public” if it went into effect, the Department of Justice on Monday requested the fifth US circuit court of appeals temporarily block Judge Matthew Kacsmaryk’s ruling while the appeals process plays out.
The issue may ultimately fall into the hands of the US supreme court and its conservative supermajority, which eradicated abortion rights last year by overturning Roe v Wade.
Kacsmaryk stayed his decision for seven days to allow the Biden administration time to appeal. Shortly after the ruling from Texas, Obama-appointed Washington district judge Thomas Rice issued a contradictory ruling that directs the FDA to keep the drug available in 17 states.
The dueling opinions set the stage for the supreme court to possibly intervene.
“On one hand, you have a ruling that says to defer to the expertise of the FDA and keep the status quo while another says to second-guess the FDA with junk science,” says David S Cohen, law professor at Drexel University, who focuses on reproductive rights.