A Far-Right, Trump-Appointed Texas Judge is Threatening Medication Abortion Access in Massachusetts

Right now, a far-right, Trump-appointed Texas judge is threatening medication abortion access here in Massachusetts. Here’s everything you need to know about Alliance for Hippocratic Medicine v. United States Food and Drug Administration (FDA), a case that could have serious implications for medication abortion access nationwide.

What’s the case all about?

A group of anti-abortion activists and organizations have sued the U.S. Food and Drug Administration (FDA) over its approval of mifepristone, one of two medications most commonly used for medication abortion in the United States. The antis have asked the Court to order the FDA to rescind its 23-year approval of mifepristone in order to remove the medication from the U.S. market and make it unavailable in all 50 states. 

As a reminder: medication abortion is a safe and effective way to end a pregnancy!

Why do the anti-abortion extremists even have a chance?

The antis are using a rigged judicial system to push their far-right political agenda. The anti-abortion extremists deliberately filed this case in the Amarillo division of the Northern District Court of Texas, a single-judge division where the cases are automatically assigned to Judge Matthew Kacsmaryk. Judge Kacsmaryk has a long record of anti-abortion, anti-birth control, and anti-LGBTQ+ statements and decisions, so we’re preparing for the worst case scenario. 

Is there anything wrong with mifepristone?

No! Mifepristone is a safe and effective drug that has been used to end pregnancy more than 4 MILLION times in the United States since it was approved by the FDA 23 years ago. Medication abortion has a 99% safety rate and more than a 95% efficacy rate! This case is not based in science, medicine, or truth, but is rather a politically-motivated, undemocratic legal proceeding intended to restrict access to care in all 50 states.

This case is not based in science, medicine, or truth, but is rather a politically-motivated, undemocratic legal proceeding intended to restrict access to care in all 50 states.

How can Massachusetts be impacted by a judge’s ruling in Texas?

While this whole proceeding is truly a legal sham, if the District Court is to force the FDA to withdraw its approval of mifepristone, the medication would become unavailable nationwide. Medication abortion currently accounts for 49% of abortions in the state and helps increase access to care in areas that have historically lacked abortion clinics, like western and southeastern Massachusetts. This decision could have unprecedented impacts on medication abortion dispensing, and create more confusion around the legality of care than ever before. Patients and providers who are seeking information about their legal rights to access or provide medication abortion can call the Abortion Legal Hotline at 833-309-6301.

So will medication abortion just be over?

Not exactly. People can use misoprostol, the second drug used in a medication abortion regimen, alone to end a pregnancy—though we KNOW the best treatment possible is a two-drug mifepristone-misoprostol regimen. Planned Parenthood League of Massachusetts is prepared to offer a misoprostol-only regimen, and independent clinics across our state will be making individual assessments about offering miso-only, too. To find an abortion provider near you, visit Reproductive Equity Now’s New England Abortion Care Guide. 

We cannot ignore the damage that this case could do to abortion access in our state. It could cause more chaos and confusion around medication abortion dispensing than ever before—for both patients and providers. More people would travel to Massachusetts clinics for in-person care. And we KNOW that this is just another step in the anti-abortion movement’s pursuit to ban abortion nationally. Ending Roe was never their end game—now they’re reaching across state borders to ban abortion in any way they can. 

This is so scary. What can we do?

Unfortunately, regulating drugs is the sole province of the federal government, so Massachusetts cannot intervene to approve mifepristone. Reproductive Equity Now will be promptly reviewing the decision when it's released, and are exploring options to protect and improve access to care. Right now, here’s what we need YOU to do:

1. Donate today to support our Abortion Legal Hotline. We need to ensure people have information about their legal rights to access or provide abortion care in order to combat the potential impacts of this ruling. 

2. Talk about this case with your friends! We need to spread the word and sound the alarms about this undemocratic judicial proceeding that could impact millions of people’s health care nationwide. Share this Tweet and Instagram post to make sure your networks are aware.

3. If you haven’t signed up to volunteer with Reproductive Equity Now, do so now! We’ll keep you in the loop about ways you can help us fight back against anti-abortion extremism here in Massachusetts and nationwide.