Here’s how the supply of abortion pills may change after a Texas judge's ruling on mifepristone
, what happens to the supply of the drug?
Making things more complicated, soon after the Texas judge’s ruling, a district court judge in Washington issued an opposing decision: that the FDA should keep mifepristone on the market and was prohibited from blocking access to the drug. That decision was in response to a lawsuit filed by attorneys general in 17 states and the District of Columbia who questioned the FDA’s requirement that doctors who prescribe mifepristone and pharmacies who dispense it be certified.
Others aren’t confident that the agency’s enforcement discretion applies in this situation, noting that it’s meant more for the FDA to modify its own rules and regulations when circumstances warrant. A recent example of such a situation occurred If the agency does follow the judge’s ruling and declares mifepristone no longer an approved drug, then “it is technically unlawful to prescribe or dispense a drug that isn’t authorized or approved by the FDA,” says Lawrence Gostin, director of the World Health Organization Collaborating Center on Public Health Law & Human Rights at Georgetown Law.
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