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Morning Briefing

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Wednesday, Mar 15 2023

Full Issue

High-Stakes Hearing Today On Abortion Medication

The Texas judge's decision could have huge implications for abortion care across the country. Abortion news from Ohio and Arkansas is also reported.

CNN: What To Watch For At Wednesday's Hearing In Medication Abortion Lawsuit

A federal judge in Texas will consider at a high-stakes hearing on Wednesday whether he should block the US government’s approval of the drug used for medication abortions. The case, brought by anti-abortion doctors and medical associations, is arguably the most significant legal dispute concerning abortion since the Supreme Court ended nationwide abortion protections with its overturning of Roe v. Wade last summer. Depending on how US District Judge Matthew Kacsmaryk handles the medication abortion lawsuit, access could be cut off nationwide to the most common method of abortion in the United States. (Sneed, 3/15)

The Boston Globe: Four Charts That Show What’s At Stake In The Lawsuit Targeting Medication Abortion

A court ruling out of Texas could have huge implications for abortion care across the country. A federal judge is currently deciding on a lawsuit from anti-abortion groups that targets FDA approval of the drug mifepristone, which is part of a two-medication combination used to end early pregnancies, often at home. (Prignano, 3/14)

The Washington Post: Texas Judge To Question Lawyers In Abortion Pill Mifepristone Case 

U.S. District Judge Matthew Kacsmaryk is expected to question lawyers in the case that seeks to restrict access to mifepristone, the medication first approved by the Food and Drug Administration more than 20 years ago. The high-stakes hearing, for which the judge has allotted up to four hours, will be the first time the judge engages directly with lawyers for the Justice Department, representing the FDA; the company that manufactures and distributes the drug; and the antiabortion group challenging the medication. Kacsmaryk could rule at any time following the hearing, potentially disrupting access to the widely used drug, including in states where abortion is legal. (Stein, Kitchener and Marimow, 3/15)

AP: Abortion Pill Access Case: Judge Wants 'Less Advertisement'

A federal judge overseeing a high-stakes case that could threaten access to medication abortion across the nation asked lawyers for the “courtesy” of not publicizing upcoming arguments, according to a court record released Tuesday that reveals new details of a move experts say is outside the norm for the U.S. judicial system. U.S. District Judge Matthew Kacsmaryk — who was appointed by former President Donald Trump and is known for conservative views — told attorneys during a status conference by telephone on Friday that because the case has prompted death threats and protests, “less advertisement of this hearing is better,” according to a transcript of the meeting. (Murphy and Bleiberg, 3/14)

CNN: Matthew Kacsmaryk: The Trump-Appointed Judge Overseeing The Blockbuster Medication Abortion Case

The federal judge overseeing a high-profile challenge to the FDA’s two-decade-old approval of certain drugs used to terminate a pregnancy is a deeply conservative jurist with a proclivity for siding with plaintiffs looking to roll back reproductive and LGBTQ rights or block key Biden administration policies. (Cole, 3/15)

Pharmacies are pressed to explain plans for abortion pills —

Axios: 14 Democratic Governors Ask Pharmacies To Clarify Plans For Abortion Pill

Fourteen Democratic governors asked seven leading pharmacy retailers on Tuesday to clarify their plans for dispensing mifepristone — a pill used in medication abortions. The move comes shortly after Walgreens announced that it would not dispense mifepristone in some Republican-led states where abortion remains legal. (Saric, 3/14)

In other abortion news from Ohio and Arkansas —

AP: Ohio Supreme Court To Review Block Of Near-Ban On Abortion 

The Ohio Supreme Court agreed Tuesday to review a county judge’s order that is blocking enforcement of the state’s near-ban on abortions, and to consider whether the clinics challenging the law have legal standing to do so. In its split decision, the court, however, denied Republican Attorney General Dave Yost’s request to launch its own review of the right to an abortion under the Ohio Constitution, leaving those arguments to play out in lower court. This means abortions remain legal in the state for now, up to 20 weeks’ gestation. (Smyth, 3/14)

AP: Arkansas Lawmakers OK Anti-Abortion Monument At Capitol 

A monument marking the number of abortions performed in Arkansas before Roe v. Wade was struck down would be built near the state Capitol under a bill lawmakers sent to Gov. Sarah Huckabee Sanders on Tuesday. The majority-Republican House approved by a 60-19 vote a proposal allowing the creation of a “monument to the unborn” on the Capitol grounds. The bill, which the Senate approved earlier this month, requires the secretary of state to permit and arrange the placement of the monument. (DeMillo, 3/14)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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