A conservative federal judge announced this Friday the suspension of the authorization to market mifepristone (RU 486), one of the two pills used for abortion, in the United States, which in practice prevents its prescription.
According to the resolution of the magistrate Matthew Kacsmaryk of Texas, “the approval of mifepristone granted by the FDA is suspended”, initials in English of the government Food and Drug Administration.
Federal authorities will have a week to appeal this measure promoted by conservative sectors of the country.
In a 67-page document, the judge validates most of the arguments in the complaint filed in November by a coalition of doctors and anti-abortion organizations against the FDA.
Kacsmaryk, who is handling the case in federal court in Amarillo, Texas, was appointed by then-President Donald Trump and ratified by the Senate in 2019. He is a conservative Christian with a personal history of opposing abortion.
The magistrate took into account studies on the risks attributed to this abortion pill, which are considered insignificant by the majority of the scientific community. He also accuses the FDA of not following its procedures to pursue a political objective.
The case reached his court through what critics call “judge buyout,” in which plaintiffs take legal action in a jurisdiction where the judge has a track record of rulings that support their case.
Federal judges in the United States can make decisions that have national legal force.
“This ruling opens a new door to the politicization of medicine,” New York Gov. Kathy Hochul, a Democrat, posted on Twitter. “Extremists will not stop at taking away the right to abortion,” she added.
Massachusetts Senator Elizabeth Warren said that “because of today’s lawless ruling, women could lose access to a safe and legal medicine they have trusted for decades.”
Part of a two-drug treatment used for abortion, mifepristone can be used in the United States during the first 10 weeks of pregnancy.
It has a long history of safety, and the FDA estimates that 5.6 million Americans have used it to terminate pregnancies since it was approved in 2000.
The federal government of President Joe Biden is likely to appeal the decision, which will then be reviewed by a Court of Appeals in New Orleans, also known for its conservatism.
For this reason, the case is expected to go before the Supreme Court of the United States, which, since its reconformation by Trump, has six conservative magistrates out of nine.
In June of last year, the Supreme Court struck down the constitutional right to terminate a pregnancy, giving each state the freedom to legislate on the matter.
Since then, fifteen of these have prohibited abortion in their jurisdiction.