'This is just total bull----': Connecticut leaders react to abortion pill ruling

Connecticut leaders insisted a popular abortion pill will remain available in Connecticut, even after a federal judge suspended mifepristone’s Food and Drug Administration approval. But longer term access to the pregnancy-ending drug is in limbo.

John Craven

Apr 10, 2023, 9:32 PM

Updated 553 days ago

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Connecticut leaders insisted a popular abortion pill will remain available in Connecticut, even after a federal judge suspended mifepristone’s Food and Drug Administration approval. But longer term access to the pregnancy-ending drug is in limbo.
Democratic Attorney General William Tong didn’t hold back during a Monday morning news conference.
“This is just total bull----,” he said. “And it just reflects this ongoing deep-seated, abiding, pervasive, pernicious misogyny in our law.”
On Friday night, a conservative-leaning federal judge in Texas paused mifepristone’s FDA approval, granted in 2000. Judge Matthew Kacsmaryk argued the process was rushed, even though mifepristone has been used safely for 23 years.
“The medical evidence is overwhelming that mifepristone for early medication abortion is safe and effective with an enviable safety record of 99% safety,” said Dr. Nancy Stanwood, the chief medical officer for Planned Parenthood of Southern New England.
IMPACT IN CONNECTICUT
The ruling may have little immediate impact in Connecticut and 16 other Democratic-led states. Minutes after Kacsmaryk’s ruling, a different federal judge ordered the FDA to keep mifepristone available in those states.
However, pharmacy chains might block access to the drug. Walgreens recently announced it won’t sell mifepristone in 20 states where Republican attorneys general threatened legal action.
“We're in communication with all the big pharmacy chains, advising them of their rights and obligations here in Connecticut,” said Tong.
Currently, only doctors and specialty clinics can dispense mifepristone. The FDA recently allowed retail pharmacies to apply for certification, but it’s a lengthy process.
WHAT’S NEXT?
The competing rulings are likely to end up at the U.S. Supreme Court, which overturned Roe v. Wade last summer.
Connecticut abortion opponents like their odds.
“It took us 49 years to overturn Roe v. Wade, and if it takes us another 49 years to overturn the law keeping it legal here in Connecticut, we'll keep doing that too,” said Peter Wolfgang, president of the Family Institute of Connecticut.
In the meantime, Kacsmaryk imposed a seven-day delay on his ruling so the Biden administration could appeal. The Department of Justice and mifepristone’s manufacturer, Danco Laboratories, are also asking the 5th Circuit Court of Appeals to temporarily block the ruling “to enable the government to seek relief in the Supreme Court if necessary.”
The 5th Circuit has a conservative majority.
ACCESS IN LIMBO
A stay in the case would keep mifepristone on the market as the cases wind through the courts.
Even if Kacsmaryk’s ruling is ultimately upheld, mifepristone could potentially remain available as federal regulators restart the approval process. But legal scholars said that’s unchartered territory.
“There’s so little precedent to truly provide any meaningful assurance of what’s most likely going to happen,” said Dr. Jennifer Herbst with Quinnipiac School of Law. “I can’t even begin to guess how this is all going to unfold.”
Even some Republicans believe the FDA has the enforcement authority to disregard Kacsmaryk’s decision.
“I agree with ignoring it at this point,” Rep. Nancy Mace (R-S.C.) told CNN. “This thing should just be thrown out quite frankly.”
But other GOP lawmakers warned the agency to comply – or face consequences.
"The House Republicans have the power of the purse,” said Rep. Tony Gonzalez (R-Texas). “And if the administration wants to not – not heed this ruling, not live up to this ruling – then we're going to have a problem. And it may come a point where House Republicans on the Appropriation side have to defund FDA programs that don't make sense."
DANGEROUS PRECEDENT?
No matter what happens, Gov. Ned Lamont worries about setting a dangerous legal precedent.
“What next for a judge?” he said. “Maybe they don't like contraception. Where are they going to stop? Maybe they don't like vaccines.”
MEDICATION ABORTION ALTERNATIVES
Abortion providers have a safe alternative medication called misoprostol, which is used with mifepristone. But studies show it is slightly less effective than mifepristone, with more side effects.