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A Texas lawsuit could limit abortion access across 50 states
By Haley Weiss
Reporter, Health and Wellness

A lawsuit in Texas could soon outlaw one of the most essential options for women seeking an abortion—not just in Texas, but across the U.S. An organization made up of right-leaning physicians is suing the Food and Drug Administration, arguing that the agency rushed its 2000 approval of mifepristone—which, when used in conjunction with misoprostol, is the gold standard for medication abortions in the country, and accounts for over 50% of abortions in the U.S. Though the case was filed in Texas, challenging the FDA means that the outcome will affect the whole country—if the plaintiffs win, federal approval of mifepristone will be overturned. Here’s a taste of what’s at play here:

  • This case couldn’t have been filed just anywhere. In plenty of federal districts across the country, this case would have been thrown out fairly quickly, experts say. In Amarillo, Texas, the court is overseen by a Republican favorite, Judge Matthew Kacsymaryk, who has already worked to limit Texas minors’ access to birth control and to prevent the adoption of national guidelines that would protect transgender people in the workplace, and more.
  • It could all happen pretty quickly. Though the case was already delayed a bit last week, a ruling is expected as soon as Feb. 24. Further, even if the judge rejects the lawsuit, the case is likely to make its way up to the U.S. Supreme Court via the overwhelmingly conservative Fifth Circuit Court of Appeals.
  • Medication abortion could still exist without mifepristone. In the two-step medication abortion process, mifepristone delivers a signal telling the body to shut off the mechanisms protecting a pregnancy, while misoprostol induces a sort of labor. Because of this, misoprostol does work on its own to end an early pregnancy, but the entire process would lose the FDA’s stamp of approval. This could make it trickier for clinics to meet demand, and could lead to longer wait times and other logistical complications.

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Today's newsletter was written by Haley Weiss and Angela Haupt, and edited by Elijah Wolfson.