BASF Statement on Judge Kacsmaryk’s Ruling in Alliance for Hippocratic Medicine v. FDA
The Bar Association of San Francisco (BASF) and the Legal Alliance for Reproductive Rights (LARR) Task Force released this statement in response to the ruling in Alliance for Hippocratic Medicine v. FDA.
April 10, 2023, San Francisco—On the afternoon of April 7th, Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas issued his long-awaited ruling in the Alliance for Hippocratic Medicine, et. al. vs U.S. Food and Drug Administration case, which blocks the FDA's approval of Mifepristone, also known as the abortion pill. This unprecedented order is the latest assault on fundamental abortion and reproductive rights in the United States.
Approved by the FDA in 2000 and used in more than 50% of U.S. abortions, millions of women have safely used Mifepristone to terminate pregnancies in their first ten weeks. It is even statistically safer than many "low-risk" prescription drugs, including penicillin and Viagra. Access to Mifepristone in person or in the mail is critical for low-income women and women in states where abortion restrictions make traveling to receive abortion services a significant hardship.
BASF President-Elect, LARR Task Force Member and Arnold & Porter partner Teresa Johnson shares “The Texas district court’s ruling is, in many ways, worse for those seeking to exercise their reproductive rights than Dobbs, which did not limit access in jurisdictions where reproductive freedoms are codified in state law. This decision restricts people in all 50 states from obtaining the most commonly used and least invasive form of abortion.” 2022 BASF President, LARR Task Force Member and Swanson & McNamara partner Mary McNamara adds, “Women in high-risk pregnancies and those suffering miscarriages are now at even greater risk of injury and death than before. Even more - the fundamental citizenship of all women in the United States is devalued by this radical ruling.”
The ruling does not go into effect for 7 days, and the Department of Justice has already filed an appeal to the 5th Circuit. We are tracking the latest developments, including a ruling from a Federal Judge in Washington State that contradicts Judge Kacsmaryk's order. BASF and LARR will continue to offer guidance and trainings on the latest abortion and reproductive laws and rulings.
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The Bar Association of San Francisco (BASF) is a nonprofit voluntary membership organization of attorneys, law students, and legal professionals in the San Francisco Bay Area. Founded in 1872, BASF enjoys the support of more than 7,500 individuals, law firms, corporate legal departments, and law schools. BASF provides a collective voice for public advocacy, advances professional growth and education, and attempts to elevate the standards of integrity, honor, and respect in the practice of law.