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Judges' dueling decisions put access to a key abortion drug in jeopardy nationwide

A federal judge in Texas stayed the FDA's approval of the drug mifepristone, while a federal judge in Washington state blocked any FDA change in access.
Updated April 8, 2023 at 5:45 AM ET

Federal judges in two states issued contradictory decisions Friday evening that could drastically impact access to a drug used in nearly all medication abortions in the U.S.

In Texas, U.S. District Judge Matthew Kacsmaryk ruled that the Food and Drug Administration improperly approved the abortion pill mifepristone more than 20 years ago. A coalition of anti-abortion rights groups called the Alliance for Hippocratic Medicine sued the FDA last year. The judge issued a nationwide injunction pausing the FDA's approval, which is set to take effect in seven days.

Within hours of that decision, U.S. District Judge Thomas O. Rice issued a ruling in in Washington state. That lawsuit filed by a coalition of Democratic attorneys general in 17 states and the District of Columbia sought to block the FDA from pulling the drug from the market.

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