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Morning Briefing

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Wednesday, Apr 12 2023

Full Issue

Lawmakers Weigh In On Appeal Of Texas Judge's Abortion Pill Ruling

After 240 Democratic lawmaker filed an amicus brief urging a federal appeals court to block a Texas judge's order that the FDA vacate authorization of one of the drugs used in a medication abortion, 69 Republicans submitted their own brief arguing for the ruling to be upheld. An antiabortion group did the same.

A group of 69 Republican members of Congress filed a brief urging an appeals court to uphold the decision of a federal judge in Texas last week that would halt the prescription of a widely used abortion pill, after over 200 congressional Democrats lobbied for a reversal of the ruling. The House Republicans that signed on were led by Rep. August Pfluger (R-Texas) and included the likes of Reps. Lauren Boebert (R-Col.) and Jim Banks (R-Ind.). They argued that the federal government approval of the abortion drug mifepristone, which has been approved for over 20 years, is 鈥渦nlawful.鈥 (Neukam, 4/11)

Two hundred and forty Democratic members of Congress are asking an appeals court to block a Texas judge鈥檚 ruling last week that will halt the prescription and distribution of mifepristone, a widely used pill for abortions and managing early miscarriages. The lawmakers 鈥斅50 senators and 190 House members 鈥斅爏igned onto an amicus brief that was submitted to the U.S. Court of Appeals for the Fifth Circuit on Tuesday backing the Biden administration鈥檚 appeal of last week鈥檚 ruling. (Schnell, 4/11)

An antiabortion group seeking to block access to a widely used abortion pill asked a federal appeals court late Tuesday to allow a lower court鈥檚 ruling that would pull the medication off the market to proceed. The Justice Department had on Monday appealed the ruling last week by a federal judge in Texas that suspended the Food and Drug Administration鈥檚 approval 鈥 in 2000 鈥 for the drug mifepristone. ... Any delay in blocking access to the pill would 鈥減erpetuate substantial harm on the public,鈥 the antiabortion group, the Alliance for Hippocratic Medicine, argued in the filing Tuesday shortly before a midnight deadline. (Pietsch, 4/12)

The Biden administration, seeking to reassure abortion rights activists without provoking the courts, is privately promising an array of liberal groups that it will wage a fierce legal battle to preserve access to abortion medication, while also developing contingency plans in case those efforts fall short. (Kornfield, Roubein and McGinley, 4/12)

The FDA feels the heat 鈥

The country is closely watching how the battle over abortion medication unfolds in federal courts. It follows a Texas judge鈥檚 decision to overturn FDA approval of the mifepristone. But there鈥檚 also growing concern over what that ruling could mean for the drug approval process in general. Amna Nawaz discussed what's at stake with Dr. Joshua Sharfstein, the former FDA principal deputy commissioner. (Nawaz, 4/11)

Last week's federal court ruling overturning the FDA's approval of a commonly used abortion drug was unprecedented, but experts say it's evidence of an escalation of mistrust in the agency that's been building for years. (Owens, 4/12)

Reps. Alexandria Ocasio-Cortez (D-N.Y.) and Nancy Mace (R-S.C.) have called for the FDA to ignore the opinion from U.S. District Judge Matthew Kacsmaryk suspending the FDA鈥檚 approval of mifepristone. Federal officials have so far been cool to the suggestion; an official at Department of Health and Human Services (HHS) said Monday it would set a 鈥渄angerous precedent.鈥 However, HHS Secretary Xavier Becerra has said all options remain on the table as the Biden administration seeks to protect access to standard abortion care.聽(Choi, 4/11)

Also 鈥

As the status of abortion pills in the U.S. remains influx, a majority of Americans say they believe such medication should be legal, a Pew Research Center survey found. 53% of adults believe medical abortion 鈥 the use of a prescription pill or a series of pills to end a pregnancy 鈥 should be allowed in their states. (Habeshian, 4/11)

As the Supreme Court prepares for yet another controversial abortion case to come its way, the justices will pore over District Court Judge Matthew Kacsmaryk's ruling last week to block the government's approval of the key medication abortion drug at issue. (de Vogue, 4/12)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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