House Democrats have introduced a bill in response to last week's Texas federal court ruling, which stayed the Food and Drug Administration's (FDA) authorization of mifepristone, a widely used drug for medication abortion. The proposed legislation aims to clarify that the FDA has final say on approving drugs used in medication abortion over any state law and would allow healthcare providers to prescribe abortion pills via telemedicine.
Representatives Pat Ryan (D-NY) and Lizzie Fletcher (D) introduced the Protecting Reproductive Freedom Act shortly after being sworn in. This is their first legislative response to the controversial ruling, although it faces long odds in the Republican-controlled House.
Legal experts warn that if upheld, this decision could set a precedent allowing courts to define drug approval policy. In contrast, Democrats spent the weekend railing against the Texas decision; some went so far as urging the administration to disregard it.
Mifepristone was approved by FDA more than 20 years ago and is often used with another drug, misoprostol, to end pregnancies up to 10 weeks. Anti-abortion groups targeted medication abortions following Roe v. Wade's reversal in June when these medications became more accessible as an alternative option for patients seeking reproductive care.
Top Republicans have not commented on this development concerning mifepristone rulings while Senate Minority Leader Mitch McConnell, House Speaker Kevin McCarthy, House Majority Leader Steve Scalise, and Senate GOP Whip John Thune remained silent thus far.
In addition to developments surrounding Kacsmaryk’s ruling from Texas judges', there are contrasting rulings coming out from other parts of America such as Washington State where U.S District Judge blocked the FDA from “altering status quo rights relating availability of MifEPristone” across 17 states including Washington D.C
If appeals courts uphold Kacsmaryk's ruling, it is highly likely that the Biden Administration will take this case to the conservative-leaning Supreme Court.
In summary, House Democrats are moving forward with legislation seeking to nullify the effects of a Texas federal judge's ruling limiting mifepristone access. The Protecting Reproductive Freedom Act, if passed, would reaffirm FDA's approval authority for abortion medication over state laws and protect doctors' ability to provide abortion medication through telehealth services. However, the bill faces an uphill battle in a Republican-controlled House and could potentially reach the Supreme Court.