The battle over abortion in the United States is entering the next round

It’s one of the issues that keeps Americans divided: abortion. You are either “Pro Life” or “Pro Choice” – against or for abortion.

Last June, the Supreme Court overturned the right to abortion (“Roe v. Wade”) that had existed for 50 years. The Supreme Court decision gave states the right to massively restrict or ban abortion. Violent demonstrations followed across the country.

Now another dark chapter begins for the «Land of the Free». This time it’s about the abortion pill mifepristone:

That’s what it’s about

Matthew Kacsmaryk is a conservative Christian and federal judge in the state of Texas. He was appointed judge by then-President Donald Trump. On Friday, he issued an order to suspend nationwide approval of the active ingredient mifepristone, which is used in abortion drugs.

According to Kacsmaryk, the U.S. Food and Drug Administration (FDA) exceeded its powers when it approved the use of mifepristone about 20 years ago because it could have “serious side effects” for women.

But it’s not just side effects that are a thorn in Kacsmaryk’s side: Because the drug can also be sent by mail, it was a way for many women in conservative states to get around the abortion ban. And the judge in Texas now wants to close this loophole. In his motivation, he referred to a 150-year-old law that prohibits the sending of substances that can cause an abortion.

The decision is expected to take effect at the end of this week.

How did that happen?

The Alliance Defending Freedom, an extremely conservative and Christian group, filed a lawsuit in Texas last November against the approval of the drug. She bases her lawsuit on studies that showed that women suffered from bleeding and cramps after taking mifepristone. However, after an abortion, side effects such as bleeding and cramping are normal, the FDA confirms.

More than 5.6 million women have used the pill since its approval in 2000, according to the U.S. Food and Drug Administration. In less than 1,500 cases, there were complications that could be related to mifepristone.

The New York Times also searched more than a hundred studies on the effectiveness of mifepristone. There were no serious complications in 99 percent of cases. The drug is safe, the newspaper writes.

Nevertheless, on Friday, the conservative judge ruled the lawsuit in favor of the Alliance Defending Freedom – and just suspended approval of the active ingredient.

What’s next?

Just an hour after the Texas verdict, Washington state federal judge Thomas Rice made a contradictory decision: The FDA cannot make changes to the US approval of mifepristone. In Washington, 18 Democratic attorneys general had filed a complaint against the Texas case.

The U.S. Justice Department appealed the Texas verdict on Monday. The plaintiffs have no right to have the approval suspended because they are not personally affected by any negative effects of the drug, the reasoning goes.

The dispute now threatens to end up in the Supreme Court. But since the conservative camp of ex-US president Donald Trump has a clear majority of six of the nine judges.

The reactions

More than half of all abortions in the US are medical. If there is a nationwide ban on mifepristone, it will also make abortion more difficult in the states where it is actually legal.

President Joe Biden also criticized the Texas judge’s decision. Biden tweeted that Kacsmaryk was putting his own opinion above the FDA’s expertise. “We will fight it. The vice president and I want to protect women’s right to abortion. Point.”

Some liberal states also announced Monday that they would stockpile abortion pills. California Governor Gavin Newsom said the state has secured up to two million doses of an alternative drug. And he’s not alone in that. Massachusetts Democratic Governor Maura Healey also announced on the same day that her northeastern state had already stockpiled enough mifepristone for a year. The northwestern state of Washington announced last week that it has stored enough mifepristone for three years.

The pharmaceutical industry is also protesting the Texas court’s decision. Several hundred CEOs condemned the ban on the abortion pill in a letter on Monday. “The decision ignores decades of scientific evidence and legal precedent,” they said. The ruling undermines the FDA’s authority in approving drugs and creates “uncertainty for the entire biopharmaceutical industry.”

Abortion in Switzerland

The active substance mifepristone is also used for abortion in Switzerland. Here the drug is called Mifegyne. According to the Federal Bureau of Statistics, almost three quarters of all cancellations are done in this way.