TEXAS — Abortion rights supporters in Texas have suffered one defeat after another in recent years. But they are feeling a sense of relief after the U.S. Supreme Court's decision Friday to suspend, for now, a ruling by a Texas judge that blocked access to the most commonly used abortion medication drug: mifepristone.
Meanwhile, groups opposing abortion rights remain hopeful that their lawsuit to suspend federal approval of the pill will prevail.
Dr. Leah Tatum is an obstetrician-gynecologist at the Austin Regional Clinic who sees firsthand how Texas' restrictions on surgical and medication abortion affect those with pregnancy complications, "even in the simplest way, just talking about miscarriages," she said.
"We also see the laws every day affect patients who have lethal anomalies, you know, a very desired pregnancy, and a fetus is diagnosed with something that's incompatible with life," said Tatum. "And we see patients, you know, asking us, you know, is there anything that we can do? But in the state of Texas, ultimately, if it's not an immediate risk to mom's life, you know, we can't do anything."
Tatum said that mifepristone when used in combination with another drug is a "safe and very effective regimen." She said while she is grateful the Supreme Court ruled late Friday to maintain the status quo nationwide when it comes to the abortion pill the ongoing litigation creates confusion among Texas patients.
"I have seen patients who are fearful to even pursue a pregnancy in the state of Texas," Tatum said. "They're fearful that the laws are putting their lives in danger and they are."
In a decision late Friday, the Supreme Court granted a request from the Biden administration and the maker of mifepristone to pause a Texas judge's ruling to suspend the Food and Drug Administration's 23-year-old approval of the drug.
Justices Clarence Thomas and Samuel Alito, who wrote the majority opinion that overturned the constitutional right to abortion last summer, dissented.
The organization seeking to suspend the FDA's approval downplayed the court's decision and told Spectrum News it remains confident its lawsuit will succeed. Erik Baptist, senior counsel at the Alliance Defending Freedom, said the Supreme Court's action was "common practice."
"When a court looks at the totality of the facts and the law in this case, they're going to see how egregious the FDA has conducted itself over the course of the last few decades," Baptist told Spectrum News. "The FDA had to characterize pregnancy as an illness, argue that these drugs provide a meaningful therapeutic benefit, neither of which are true."
President Joe Biden and other Democrats praised the decision to keep access to mifepristone while the legal fight continues.
Rep. Lizzie Fletcher, D-Texas, says she'll continue to defend the FDA's scientific judgment, introducing legislation to reaffirm that.
"What happens if you go through all the trials, you get a drug approved, and 20 years later, something comes along, some, you know judge or party comes along and undoes the process this way? So there's a lot of concern there," said Fletcher.
"Scientists should be approving drugs, not judges and not parties who may have an ideological issue with the medication," she continued.
The court's decision likely leaves mifepristone on the market, at least until next year. The case now returns to the federal appeals court based in New Orleans.
A hearing has been scheduled for mid-May, and the court's decision likely will be appealed to the Supreme Court.