skip to main content
skip to newscasts

Tuesday, January 14, 2025

Public News Service Logo
facebook instagram linkedin reddit youtube twitter
view newscast page
play newscast audioPlay

Hegseth could lead troops who'd face getting fired for actions he's done in the past; Strong Santa Ana winds return for SoCal; Southeast Asian refugees in MA fear deportation, seek Biden pardon; RSV rise puts Indiana hospitals on alert; CT lawmakers urged to focus on LGBTQ+ legislation.

view newscast page
play newscast audioPlay

The Special Counsel's report says Donald Trump would have been convicted for election interference. Defense Secretary pick Pete Hegseth faces harsh questioning from Senate Democrats, and law enforcement will be increased for next week's inauguration.

view newscast page
play newscast audioPlay

"Drill, baby, drill" is a tough sell for oil and gas companies in Alaska's Arctic National Wildlife Refuge, rising sea levels create struggles for Washington's coastal communities, and more folks than ever are taking advantage of America's great outdoors.

Anti-Abortion Groups Ask Texas Judge to Ban Mailing Abortion Pills

play audio
Play

Monday, December 5, 2022   

By Carrie Baker for Ms. Magazine.
Broadcast version by Roz Brown for Texas News Service reporting for the Ms. Magazine-Public News Service Collaboration


On Nov. 18, anti-abortion advocates filed a federal lawsuit challenging the FDA approval of the medication mifepristone in 2000-as well as subsequent updates to the approval in 2016, 2019 and most recently in December 2021, when the agency began allowing clinicians to mail abortion pills to their patients.

The lawsuit alleges the FDA did not have proof of the medication's safety, despite extensive evidence showing abortion pills are safe and effective-more so than many other medications, including over the counter drugs such as Tylenol.

"This is yet another attempt by anti-abortion extremists to force their beliefs on all of us," said Kirsten Moore, director of Expanding Medication Abortion Access Project (EMAA Project), which advocates for increased access to mifepristone for abortion and miscarriage care.

The conservative legal group Alliance Defending Freedom (ADF) filed the lawsuit on behalf of four antiabortion medical organizations and several doctors against the U.S. Food and Drug Administration (FDA) and the U.S. Department of Health and Human Services. ADF represented Mississippi in the case that led the Supreme Court to overturn Roe v Wade and they have helped draft anti-abortion laws adopted in many states.

The 113-page complaint argues the FDA unlawfully fast-tracked the approval of mifepristone in 2000 and did not have the required research to prove the safety of the drug under the labeled conditions of use.

To the contrary, a 2018 Government Accountability Office report concluded that the FDA "followed its standard review process when it approved the application ... for the drug Mifeprex" and "based its approval on reviews of peer-reviewed published studies, articles, and other information submitted by Mifeprex's sponsor." The FDA subsequently conducted extensive reviews of the mifepristone's safety again in 2016.

The ADF complaint regurgitates many of the objections raised by anti-abortion groups to the 2021 modification of the mifepristone approval. The FDA published a 40-page rebuttal letter to these objections, which ADF fails to address in their complaint.

Moore said the anti-abortion movement is trying to "put the genie back into the bottle" and is "trying to undo progress."

"When they look at the courts, they think, 'Why wouldn't the courts be friendly to us even if we are making new things up?' The Supreme Court just overturned a 50-year precedent that took away half the population's fundamental right to control their bodies, so why wouldn't they try?"

The ADF chose to file the case in the Amarillo Division of the Northern District of Texas, where it was assigned to a 45-year-old Trump appointee Matthew J. Kacsmaryk, who for five years before becoming a federal judge was deputy general counsel for First Liberty Institute, a Christian conservative legal organization that specializes in representing religious groups claiming they have experienced discrimination.

n 2015, Kacsmaryk wrote an op-ed for the National Catholic Register stating his opposition to same-sex marriage, no-fault divorce, birth control, abortion and sex outside of marriage-and his support for "complementarianism," a religious belief that assigns primary headship roles to men and support roles to women based on their interpretation of certain biblical passages.

"He is an anti-LGBT activist and culture warrior who does not respect the equal dignity of all people," said Sen. Dianne Feinstein (D-Calif.) during his Senate confirmation hearing, reading from a letter of the Leadership Conference on Civil and Human Rights. "His record reveals a hostility to LGBT equality and to women's health, and he would not be able to rule fairly and impartially in cases involving those issues."

Just last week Kacsmaryk ruled that the Biden administration wrongly interpreted a provision of the Affordable Care Act as barring healthcare providers from discriminating against LGBTQ+ Americans.

Texas is within the Fifth Circuit Court of Appeals, which has a majority of conservative judges-six of whom were appointed by Trump. This same court repeatedly upheld the Texas bounty hunter law last year.

Most shockingly, the ADF lawsuit asks Judge Kacsmaryk to revive the 1873 Comstock Law, which banned sending obscene literature, contraceptives, abortifacients or any sexual information through U.S. mails. After the Supreme Court ruled in Griswold v. Connecticut in 1965 that people have a fundamental right to access and use contraception, Congress removed the language concerning contraception in 1971, but left the part of the law criminalizing mailing abortifacients and information about abortion.

Before Roe v. Wade, federal courts ruled this part of the law applied only to "unlawful" abortions. After the Roe decision, the Comstock law remained on the books but was not enforced. Now that the Supreme Court has reversed Roe, ADF hopes to bring the law back into effect.

"The law that conservatives used to shut down contraceptive pills at the turn of the century-this is where they want to take us back to," said Moore.

The lawsuit seeks to reverse the increasing availability of medication abortion and telemedicine abortion. In 2020, medication abortion accounted for 54 percent of all pregnancy terminations in the U.S. After a federal court lifted the FDA requirement that clinicians distribute the medication in person in July of 2020, telemedicine abortion services surged across the United States, becoming available in 20 states, expanding further after the FDA permanently lifted the in-person distribution requirement in December of 2021.

Carrie Baker wrote this article for Ms. Magazine.



get more stories like this via email
more stories
In December, the Oregon Investment council found the state's Public Employee Retirement System returned 2.7%, which lagged other states and its benchmark, in part because of fewer public investments. (Ded Pixto/Adobe Stock)

Social Issues

play sound

A new bill aims to further reduce investments in fossil fuels by Oregon's Public Employee Retirement System. The Pause Act would impose a five-year …


play sound

As the popular role-playing game Dungeons and Dragons turns 50, one Colorado State University instructor suggests today's political leaders could …

Social Issues

play sound

Michigan's tipped wage system is on the brink of extinction, with changes set to take effect next month after a state Supreme Court ruling last year …


According to the American Immigration Council, immigrants make up more than 22% of Florida's population, with undocumented residents comprising nearly 4%, contributing significantly to the state's economy and workforce. (Adobe Stock)

Social Issues

play sound

Florida has been a key battleground in the national immigration debate, with past legislation banning sanctuary cities and requiring companies to use …

Social Issues

play sound

A proposed amendment to strip Chicago of its sanctuary protections is scheduled to be voted on this week. The change to the Welcome City Ordinance …

The Human Rights Campaign Foundation estimated the United States is home to 2 million transgender people. (Sabrina/Adobe Stock)

Social Issues

play sound

A California nonprofit dedicated to helping transgender and gender-nonconforming people find good jobs is looking to expand its mission in 2025…

Environment

play sound

By Yessenia Funes for Next City and Yale Climate Connections. Broadcast version by Shanteya Hudson for Georgia News Connection reporting for the …

Social Issues

play sound

Members of the Texas Legislature are back in Austin for its 89th legislative session. After newly elected lawmakers are sworn in, members will vote …

 

Phone: 303.448.9105 Toll Free: 888.891.9416 Fax: 208.247.1830 Your trusted member- and audience-supported news source since 1996 Copyright © 2021