BALTIMORE — A federal judge has issued an injunction protecting access to the abortion drug mifepristone here in Maryland and 17 other states.
Also in Maryland, the General Assembly recently passed a constitutional amendment to protect abortion rights in the state constitution that will be on the ballot for Maryland voters in 2024.
Last week, a federal judge in the Northern District of Texas ruled to suspend the FDA’s approval of mifepristone.
However, on Wednesday, the Fifth Circuit Court of Appeals in New Orleans issued an order to partially block the drug. It puts certain restrictions on access to mifepristone such as requiring three in-person doctor’s office visits, limiting availability only up to seven weeks instead of 10 weeks of pregnancy, and a prohibition on mailing the drug.
A judge in the U.S. District Court for the Eastern District of Washington said those restrictions do not apply to 18 states that filed a lawsuit to protect access to abortion medication.
On April 7, Judge Thomas Rice of the U.S. District Court for the Eastern District of Washington issued an injunction barring the FDA from altering access to mifepristone in those 18 states involved in the lawsuit.
The lawsuit was led by Washington state’s attorney general, and joined by attorneys general from Arizona, Colorado, Connecticut, Delaware, Illinois, Michigan, Nevada, New Mexico, Rhode Island, Vermont, Hawaii, Maine, Minnesota, Pennsylvania and Washington, D.C.
The FDA then filed a motion seeking clarification from the Eastern District judge in light of what was happening in the Northern District of Texas.
Judge Rice responded by saying that his order stands no matter what the courts ruled in Texas.
Meanwhile, the FDA says it will appeal the Fifth Circuit decision to the U.S. Supreme Court.
Maryland Attorney General Anthony Brown has gone on record to say “what Marylanders need to know is that abortion medication remains available here in our state. I am fighting to preserve and protect your rights to that access, and I will continue to do so. There is too much at stake.”
Also in Maryland, the General Assembly passed the Right to Reproductive Freedom Act.
The Right to Reproductive Freedom Act states every person in Maryland has the fundamental right to reproductive freedom as a central component of an individual's rights to liberty and equality.
The Reproductive Freedom Act would protect private medical information, expand access to reproductive health care services, and create a 2024 ballot measure to put the protection of reproductive rights in the Maryland constitution.
It also prohibits the state from either directly or indirectly denying that right unless there is some type of compelling state interest to do so.
Governor Wes Moore's office has stated he is committed to protecting the reproductive rights of Marylanders, and ensuring the state remains a safe haven for abortion and reproductive health care access.
The governor also said he's working with the Department of Health about the possibility of stockpiling mifepristone.
Since the Maryland Reproductive Freedom Act would protect private medical information, it means Maryland also could become a safe haven for those seeking abortion services from other states with extensive restrictions.
