The ability to access reproductive healthcare is a fundamental right.

Yet once again right-wing extremists are successfully working to strip our rights. On the Christian religious holiday known as Good Friday, Trump-appointed District Judge Matthew Kacsmaryk in Texas suspended the FDA's approval of one of the drugs in medication abortion, mifepristone, and set in motion what could result in a nationwide ban if the ruling is ultimately affirmed by the 5th Circuit Court during appeal.^[1]

On April 12th, the 5th Circuit placed the complete suspension on hold, but also allowed other restrictions set by Judge Kacsmaryk to move forward, including making the mailing of mifepristone illegal. Attorney General Merrick Garland says the Justice Department “will be seeking emergency relief from the Supreme Court to defend the FDA’s scientific judgment and protect Americans’ access to safe and effective reproductive care.”

Judge Kacsmaryk's ruling even covers states like California, Michigan and Kansas where reproductive rights were recently affirmed by voters and also makes mailing mifepristone a federal crime.^[2]

For over 20 years, people have used mifepristone, along with another drug misoprostol, to safely and effectively end their pregnancies. Studies have shown mifepristone is safer than Tylenol and many other commonly used drugs.^[3] Yet, for the first time in history, this ruling reverses the FDA's authority on drug regulation.

While a District Judge in Washington State issued a competing ruling that directs the FDA to not change the status of mifepristone, that ruling only covers the 16 states and D.C. that are party to the lawsuit in the case. It’s unclear what the impact of the competing ruling will be for those states, but for now it has no impact on the other 33 states.^[4]

In the face of this threat, it is imperative that the FDA uses all of its emergency powers and authority to protect and restore access to mifepristone for those in need nationwide.

The FDA must consider enacting its Emergency Use Authorization (EUA) authority to facilitate the availability and use of medical countermeasures needed during public health emergencies. The FDA should also consider just ignoring the ruling -- at least for now -- as suggested by Democrat Rep. Alexandria Ocasio-Cortez (N.Y.) and Republican Rep. Nancy Mace (S.C.).^[6]

Let’s be clear, pregnancy can be life-threatening, even for healthy individuals, and pregnancies can lead to serious health complications, financial strain and reduced educational and employment opportunities.

The suspension of mifepristone is part of the anti-abortion’s decades-long plan to ban and criminalize reproductive rights. Once again the lives and health of people mean nothing to forced birth supporting right-wing extremists.

Given that data from the Centers for Disease Control and Prevention has shown that the United States has one of the highest maternal mortality rates among developed countries, the FDA must recognize this will only make maternal health worse and treat this situation as a public health crisis that demands urgent intervention.

By exercising all available emergency powers to protect and restore access to mifepristone, the FDA can help mitigate this public and human rights crisis. It can both uphold its mission to protect public health and ensure that individuals retain autonomy over their reproductive decisions.

The FDA must act immediately to protect the health and rights of millions of people by restoring access to this critical drug immediately. Please add your name to tell the FDA: Use All Available Emergency Powers to Protect Access to Mifepristone Now!

^{[1] Texas judge halts FDA approval of abortion pill
[2] Slate Magazine Reporting
[3] The Abortion Pill Is Safer Than Tylenol and Almost Impossible to Get
[4] Justice Department seeks clarification from federal court on competing abortion pill rulings
[5] Justice Department and abortion pill manufacturer ask appeals court to freeze judge’s order that could make drug unavailable after Friday
[6] GOP Rep. Mace joins AOC in urging FDA to "ignore" abortion pill freeze}