National Report
On Friday, in Northern Texas, 5th US District Judge Matthew Kacsmaryk’s decision to suspend the Food and Drug Administration approval of the drug mifepristone, over twenty years after its first approval, 9th US District Judge Thomas Rice in the Eastern District of Washington state ruled just the opposite and appears to respond to the Kacsmaryk injunction. Rice’s action affects the states of Washington, Oregon, Arizona, Colorado, Connecticut, Delaware, Illinois, Michigan, Nevada, New Mexico, Rhode Island, Vermont, District of Columbia, Hawaii, Maine, Maryland, Minnesota, and the Commonwealth of Pennsylvania.
This matter is headed for the Court of Appeals and likely will be a matter before the US Supreme Court, due to the competing decisions.
If the Supreme Court ruling on Dobbs v Jackson Women’s Health Organization is to be believed, and abortion is a state issue, then Rice’s position should carry the day, but if the alt-right-court sees another opportunity to erode abortion law, who knows what could happen.