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Washington Examiner
Restoring America
16 Feb 2023


NextImg:Democrat calls on Biden to ignore any ruling restricting access to abortion pill

A Democratic lawmaker is pushing the Biden administration to defy any court ruling that would take an abortion medication involved in half of the abortions nationwide off the market.

Sen. Ron Wyden (D-OR) said Thursday that the Food and Drug Administration should ignore any decision that cuts off access to mifepristone, the first of two abortion-inducing drugs used to terminate a pregnancy through 10 weeks and allow it to remain on the market. Wyden spoke as U.S. District Judge Matthew Kacsmaryk presides over a lawsuit from anti-abortion groups in Texas that is seeking to reverse the FDA's approval of the medication.

A TEXAS JUDGE COULD REMOVE A KEY ABORTION DRUG FROM THE MARKET

"Here’s what must happen if and when Judge Kacsmaryk issues his nationwide injunction halting access to mifepristone. President Biden and the FDA must ignore it," Wyden said on the Senate floor. "Protect the fundamental rights and well-being of all women in America. The FDA should go on just as it has for the last 23 years since it first approved mifepristone. The FDA needs to keep this medication on the market without interruption regardless of what the ruling says."

Legal experts told the Washington Examiner that it's possible the FDA could use its enforcement discretion and decide not to go after companies or health providers that continue to distribute the abortion medication, whether it is approved or not.

The American Association of Pro-Life Obstetricians and Gynecologists and the Alliance for Hippocratic Medicine, among others, have argued in the lawsuit that the FDA went beyond its regulatory authority in approving mifepristone in 2000.

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Erik Baptist, senior counsel at Alliance Defending Freedom, which is representing the plaintiffs, argued that the FDA has ignored concerns from plaintiffs about the safety of mifepristone.

"The way the FDA has approved these drugs, recklessly, has endangered and threatened and harmed women and girls over the last 23 years," Baptist said at an event for the Federalist Society's Regulatory Transparency Project on Thursday.