Oregon AG welcomes ‘huge victory’ in Wash. abortion pill ruling; OHA says mifepristone still legal, available
Kotek blasts 'shameful, dangerous' Texas judge ruling; Wyden urges Biden, FDA to ignore any ban
SALEM, Ore. (KTVZ) -- Two conflicting federal judges' rulings Friday regarding the legality of the abortion medication Mifepristone brought several statements from Oregon officials, the Oregon Health Authority and Oregon Right to Life. Here are their comments, in full:
Pacific NW AGs Rosenblum and Ferguson Secure Pivotal Injunction Preserving Access to Early Abortion Medication For 17 States Plus Washington D.C.
SALEM — Attorney General Ellen Rosenblum announced that a federal judge in Washington state yesterday barred the Food & Drug Administration (FDA) from doing anything to reduce the availability of the early abortion prescription medication, mifepristone, in Oregon, as well as in 16 other states and the District of Columbia. AG Rosenblum and Washington AG Bob Ferguson led the multistate coalition in a lawsuit against the FDA in February, seeking removal of medically unjustified restrictions on mifepristone, an essential medication used for more than half of abortions in the U.S.
The huge victory for the coalition states came only an hour after a federal judge in Texas issued an unprecedented ruling that the same prescription medication, mifepristone, approved by the FDA in 2000 and used safely and effectively by millions of American women since then, will no longer be approved for use in the United States.
“The ruling issued in Texas is a shocking overreach by an anti-abortion judge that threatens the right of women nationwide to make their own decisions about their healthcare and their ability to access medication prescribed by their doctors,” said AG Rosenblum.
“But our win is huge and not to be overshadowed. Our coalition worked around the clock to get the issue of the unwarranted and unlawful Risk Evaluation & Mitigation Strategy (REMS) restrictions on this medication before a federal judge in Washington. The judge not only recognized the irreparable harm that would occur in our states should mifepristone be removed from the market, but also that we are likely to prevail on the merits of the case when it goes to trial."
"My message to Oregonians: I will fight to the finish line to protect Oregonians’ access to abortion care, including abortion medication. Please don’t lose hope — we will not let up!”
The preliminary injunction in the Washington case preserves access to the abortion medication in the 18 states that sued, and takes effect immediately. The Texas judge’s order is not currently in effect because it gives the FDA a week to appeal, which they have indicated they intend to do.
By way of background, AGs Rosenblum and Ferguson's lawsuit alleges the FDA singled out mifepristone — one of two medications used in a regimen for early abortions — for excessively burdensome regulation, despite extensive scientific evidence that the drug is safer than other common medications, such as Tylenol.
Of the more than 20,000 drugs approved by the FDA, only 60 — including mifepristone — have extra restrictions known as a Risk Evaluation & Mitigation Strategy, or REMS. Mandatory REMS restrictions, known as Elements to Assure Safe Use (ETASU), are supposed to be reserved for inherently dangerous drugs, including opioids like fentanyl, and high-dose sedatives used by psychiatric patients, among others.
The FDA-approved regimen for medication abortion involves a dose of mifepristone, followed by a second drug, misoprostol. To prescribe mifepristone, health care providers must be specially certified by the drug distributor. To receive the prescription, patients and providers must sign an agreement that certifies the patient has decided to take the drugs to end their pregnancy — regardless of whether they are seeking an abortion or are being treated for a miscarriage, which is another common use for mifepristone. A copy of this agreement must be included in the patient’s medical records. To dispense mifepristone, pharmacies must also be specially certified with the drug distributor before they can fill a prescription — a requirement that does not apply to any other drug.
AGs Rosenblum and Ferguson's lawsuit asserts the restrictions on prescribing and dispensing mifepristone are unduly burdensome, harmful and unnecessary, and expose providers and patients to unnecessary privacy risks. The risks are exacerbated by the growing criminalization and penalization of abortion around the country in the wake of the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health. The Dobbs case overturned nearly a half-century of precedent, stripping away the constitutional right to abortion recognized by the court’s Roe v. Wade decision.
In addition to exposing healthcare providers to violence, harassment, or abuse, keeping the REMS restrictions in place unnecessarily impedes access to abortion care in the parts of Oregon where reproductive healthcare is already difficult to obtain. Besides disproportionately impacting rural communities, this burden is especially harsh for patients whose access to healthcare is already diminished by poverty, language barriers, lack of transportation, racial discrimination or other factors.
Yesterday's ruling by U.S. District Court Judge Thomas O. Rice of the Eastern District of Washington can be found here.
OHA issues statement on federal decisions regarding medication abortion drug mifepristone
PORTLAND, Ore.— Oregon Health Authority is issuing the following statement in response to federal district court decisions on mifepristone, a drug used for medication abortion:
OHA Statement on Federal Mifepristone Ruling
Today, federal district courts in the states of Washington and Texas issued conflicting rulings on access to mifepristone, one of two medications approved by the U.S. Food and Drug Administration’s (FDA) for use in a medication abortion.
Mifepristone was first approved by the FDA more than 20 years ago and is a safe and effective method of ending an early pregnancy. In 2021, medication abortion accounted for nearly 60% of abortions performed in Oregon, according to Oregon Health Authority data.
OHA is committed to ensuring access to a full range of essential reproductive health services, including abortion. State health officials are reviewing the federal court decisions in consultation with the Oregon Department of Justice and the office of Gov. Tina Kotek. OHA wants to reassure patients and providers that mifepristone and abortion remain safe, legal and available in Oregon.
Governor Tina Kotek Issues Statement Condemning Court Ruling in Mifepristone Case
Salem, OR – Today, Tina Kotek issued the following statement in response to the Alliance for Hippocratic Medicine v. U.S. Food and Drug Administration ruling. The ruling stems from a lawsuit filed last November by anti-abortion groups in Texas. It aims to block use of Mifepristone, one of two medications used for abortion care and to treat miscarriages, in the United States.
“This is a shameful, dangerous ruling that will prevent patients across the country from accessing safe, effective medication. As we sort out the impact of this ruling, hear me loud and clear: abortion is still accessible and legal in Oregon. As your Governor, I believe in the right to reproductive freedom and will continue to be a fierce advocate for that right. My administration will be working with the Oregon Health Authority, Oregon Department of Justice, and the Biden Administration to evaluate the ruling and fight for patients across Oregon and the United States.”
Wyden to President Biden and FDA after Texas Ruling: Ignore Any Ban, Keep Mifepristone on the Market
Washington, D.C. – U.S. Senator Ron Wyden released the following statement after a right-wing judge today ruled to ban mifepristone nationwide:
“There is no way this decision has a basis in law. It is instead rooted in conservatives’ dangerous and undemocratic takeover of our country’s institutions. No matter what happens in seven days, I believe the Food and Drug Administration has the authority to ignore this ruling, which is why I’m again calling on President Biden and the FDA to do just that. The FDA, doctors, and pharmacies can and must go about their jobs like nothing has changed and keep mifepristone accessible to women across America. If they don't, the consequences of banning the most common method of abortion in every single state will be devastating.”
In February, Wyden delivered a speech on the Senate floor making the case for why the FDA can and should ignore any ruling that limits access to mifepristone. Wyden's call to President Biden and the FDA comes after decades of his advocacy for women to have access to abortion medication, holding the first ever congressional hearing on abortion medication in 1990.
News release from Oregon Right to Life:
Federal Judge Suspends Chemical Abortion Drug Approval
Salem, Ore.—Judge Matthew Kacsmaryk suspended the FDA's approval of the abortion pill Friday. Judge Kacsmaryk cited errors made by the FDA in the process of approving the drugs used in chemical abortions. In a separate case brought by the Attorneys General of Oregon and Washington a judge quickly granted a motion to enjoin the FDA from complying with the Texas ruling.
"Judge Kacsmaryk's ruling finally holds the FDA accountable for fast-tracking the abortion drug, in violation of its own rules.," said Oregon Right to Life executive director, Lois Anderson. "The FDA prioritized their political agenda over the lives of women when they neglected due diligence to expand abortion."
Anderson continued, “It’s outrageous that Oregon and Washington’s Attorney Generals are prioritizing the interests of the abortion industry over the health and safety of mothers and babies.”
A 2021 study conducted by the Charlotte Lozier Institute showed that increased access to abortion pills creates a significant public health risk. They found that the rate of abortion-related emergency room visits following a chemical abortion increased over 500% from 2002 through 2015, according to an analysis of Medicaid claims data. Over the same period, chemical abortions within the study population increased from 4.4% to 34.1% of total abortions.
"Chemical abortions have been shown to be dangerous for women, and they are always dangerous for the unborn baby," continued Anderson. "The FDA violated the law and endangered both of these groups through their negligence."
