The Justice Department has appealed Friday's decision out of a federal court in Amarillo that would suspend FDA approval of a common abortion drug, leaving the case in legal limbo. According to a local doctor, if the Amarillo decision is upheld, Texans could lose one of their few remaining paths to abortion care.
Mifespristone is the first medication typically used in a two-step regimen to induce abortion early in pregnancy at 11 weeks or less. The second drug in the regimen — Misoprostol — still has its FDA approval.
The drugs have been approved by the FDA for nearly 23 years and are used in more than half of the abortions that take place in the U.S.
"[Mifepristone] is extremely common and extremely safe," said Dr. Bhavik Kumar, the medical director for primary and trans care at Planned Parenthood Gulf Coast. "The medication has been used by over 5 million people at this point."
U.S. District Judge Matthew Kacsmaryk ruled Friday to suspend the drug's approval from the Food and Drug Administration, saying the FDA approval of the drug had violated federal rules that allow for accelerated approval of some medications. He also cited "psychological effects" that he said the FDA had failed to consider.
However, Kumar said the judge's concerns are unfounded and go against the consensus of the medical community.
"Every major professional medical organization in the country, including the American Medical Association as well as the American College of Obstetricians and Gynecologists, note that this medication is extremely safe," said Kumar. "The ruling that came down from this judge cited a lot of junk science that is not peer reviewed or widely accepted by major medical organizations."
Kacsmaryk's ruling also repeatedly refers to "unborn humans," — as opposed to fetuses — which some pro-choice advocates cite as "inflammatory," and evidence of the political and ideological bias behind the judge's decision.
The ruling, if upheld, would jeopardize the availability of Mifepristone nationwide, not just in states with abortion bans.
In Texas, care providers are already prohibited from supplying patients with abortion-inducing drugs, but, currently, individuals themselves can still access the drugs through other means without being held liable.
"What we know and have known for a long-time is that when we ban abortion, people don't stop needing access to that care, so they're continuing to access abortion in other ways, including online platforms," said Kumar. "So, the concern is that if this option is no longer available in this already limited landscape, there will be even fewer options."
Kumar also says that the ruling would likely have the most drastic impact on already marginalized populations.
According to a 2022 analysis from the CDC, about two-thirds of those seeking abortions in the U.S. are people of color. Meanwhile, also according to the CDC, Black women in the U.S. are three times more likely than white women to die from pregnancy-related causes. By further restricting abortion access, Kumar suspects maternal mortality rates will continue to increase.
"For folks who are poor and don't have the resources to travel or people of color, particularly Black women," said Kumar, "decisions like this that are really taking away health care and taking away options for people are only going to worsen disparities."
Kumar said it's important for people to know that abortion is still legal and available in the states it was prior to the ruling. Texans who have the means to do so still have the right to travel out-of-state for an abortion.
Still, Kumar advises people to stay up-to-date on the latest policies and what options are available to them.
