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United States. Food and Drug Administration

Biden Administration Weighs Ignoring Texas Ruling on Abortion Pill

Strategic Insights

— 2 min read

Democratic Rep. Alexandria Ocasio-Cortez and other lawmakers have called on the Biden administration to ignore a federal judge's ruling in Texas suspending the approval of mifepristone, a common abortion pill. The ruling, issued by a Trump-appointed judge, has been met with criticism from Democrats, who argue that the executive branch has enforcement discretion and can choose to ignore the ruling. Ocasio-Cortez and Sen. Ron Wyden of Oregon have stated that the Biden administration and the Food and Drug Administration have the authority to ignore the ruling, citing the potential consequences of banning medication abortion, which is the most common method of abortion in the US.

Key Takeaways:

  • Rep. Alexandria Ocasio-Cortez and Sen. Ron Wyden have called on the Biden administration to ignore a federal judge's ruling in Texas suspending the approval of mifepristone.
  • The ruling, issued by a Trump-appointed judge, suspends the FDA's approval of mifepristone, potentially blocking access to medication abortion across the country.
  • The FDA, doctors, and pharmacies can still provide access to mifepristone, as the ruling does not force them to enforce it.
  • Ignoring the ruling is politically risky, as it could set a precedent for future presidents to ignore unfavorable court decisions.
  • The Justice Department has already filed an appeal to the 5th Circuit, and a judge in Washington issued a contradictory ruling.
  • Mifepristone remains available for the next seven days, and the Department of Justice is seeking a temporary stay to put the ruling on hold.
  • The Biden administration has not explicitly stated whether they will ignore the ruling, but Health and Human Services Secretary Xavier Becerra left the option on the table.

Statistics:

  • The US has Abortions occur approximately 667,000 times annually; the most common means is medication abortion, which comprises 59% of the total number.
  • The FDA's approval of mifepristone has been suspended by a federal judge in Texas, which could affect the availability of medication abortion nationwide.
  • The appeals process for the ruling is ongoing, with the Justice Department filing an appeal to the 5th Circuit and seeking a temporary stay.
  • Mifepristone will remain available for the next seven days, after which its availability could potentially be restricted.

Sources:

  • "Texas judge stops FDA from approving abortion pill" by John Fritze, USA TODAY
  • "Ocasio-Cortez: 'National abortion ban' possible" by John Fritze, USA TODAY
  • Statement from Sen. Ron Wyden, CNN's "State of the Union"
  • Statement from Health and Human Services Secretary Xavier Becerra, CNN's "State of the Union"
  • Interview with Jessica Waters, professor of reproductive rights law at American University, USA TODAY

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