Contradictory Injunctions Suspend, Preserve Access to Abortion Pill Mifepristone

On Friday, a judge in Texas moved to temporarily stay the FDA’s approval of mifepristone, a key abortion drug. Less than an hour later, a judge in Washington state ordered the agency to preserve access to the drug in 17 states and Washington, D.C.

Two Rulings: In the Texas ruling, Trump-appointed Judge Matthew J. Kacsmaryk largely sided with abortion opponents, who said the FDA improperly applied its own scientific standards when approving mifepristone in 2000. In Washington, Obama-appointed Judge Thomas O. Rice ruled to preserve access while he heard a lawsuit from state attorneys general opposing the FDA’s special restrictions on the drug. 

The Response: Kacsmaryk provided seven days for appeals, and the Justice Department said it would appeal the injunction. A group of over 300 pharmaceutical industry executives, including Pfizer CEO Albert Bourla, also called for a reversal of the Texas ruling. 

For Context: Mifepristone, currently approved for use in combination with misoprostol through ten weeks of gestation, halts the growth of a fetus by blocking a key hormone. Abortions can still be induced with misoprostol alone. The FDA maintains that mifepristone is “safe when used as indicated and directed.”

How the Media Covered It: Mifepristone was generally framed as safe in left-rated outlets and risky in some right-rated outlets. Some coverage from the left highlighted Democratic state officials who criticized Kacsmaryk’s ruling. Some coverage from the right highlighted Democrats who pushed the Biden administration to “ignore” the Texas ruling — to simply not enforce it.