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    Democratic senators condemn federal judge’s ruling to block abortion drug

    Top Democratic senators across the US are pushing back after a federal judge in Texas decided to block the FDA-approved abortion drug mifepristone.On Sunday, the New York senator Kirsten Gillibrand criticized as an “outrage” Judge Matthew Kacsmaryk’s decision, which is currently halted until at least Wednesday 19 April by the supreme court.Speaking to CNN, Gillibrand said: “To take away the right to have medicine is an extension of taking away this right to privacy, to say we can’t have medicine sent by doctors by mail to people across the country is further invading into this right to privacy, where the court and government has a right to what’s in your mail, and who you’re talking to and what communications you’re having. It’s an outrage.”She went on to condemn the supreme court, which in June 2022 decided to overturn Roe v Wade, a ruling that declared the constitutional right to an abortion for nearly half a century.Gillibrand said the supreme court’s decision was an “all-out assault on women’s reproductive freedom,” adding: “What we are seeing in these Republican legislatures as well as these very conservative courts is a continuation of that assault.”Similarly, the Minnesota senator Amy Klobuchar called Kacsmaryk’s decision “unbelievable”.“What is going to be next? Is that judge going to not like birth control pills? Are we going to have a judge that doesn’t like [cholesterol medication] Lipitor? There’s a reason that Congress gave the FDA the power to make these decisions about safety,” Klobuchar told ABC.“I can tell you who is harmed by this. It’s women that are going to have to take a bus across the country from Texas to Minnesota or to Illinois. That’s the problem right now,” she added, pledging to “aggressively litigate” the ruling if the supreme court decides to uphold it.The Wisconsin senator Tammy Baldwin, meanwhile, said that Kacsmaryk “is not guided by science”.“What we have in Texas is a judge who is not guided by science, but is part of an extreme Republican concerted effort to ban abortion nationwide,” Baldwin told NBC.“We do not need judges, politicians or government telling women about what sort of healthcare they can have. It is an issue that is not only playing out in the court in Texas, but in the state of Florida, with the governor signing a near six-week ban, Idaho forbidding travel out of state for minors, Wisconsin where we’ve gone back to literally 1849. That is the date our criminal abortion ban was passed and that’s 174 years ago,” Baldwin said.Last month, Baldwin and the Connecticut senator Richard Blumenthal, a Democrat, led the introduction of the Women’s Health Protection Act of 2023, which would safeguard abortion rights nationwide and “restore the right to comprehensive reproductive healthcare for millions of Americans”.skip past newsletter promotionafter newsletter promotionFollowing Kacsmaryk’s ruling, the justice department and the drug’s manufacturer, Danco Laboratories, asked the supreme court to intervene in an attempt to halt the restrictions, which would have limited mifepristone’s use after seven weeks of pregnancy as well as ban mail delivery of the drug. Mifepristone is currently approved until 10 weeks.On Friday, the conservative supreme court justice Samuel Alito temporarily blocked the Texas lower court ruling and instead imposed on to it a five-day stay, allowing the justices more time to decide on their next steps.Alito’s move allows for the country’s most common method of pregnancy termination to remain unchanged until at least the end of Wednesday.Despite nationwide outrage from progressive lawmakers and reproductive rights activists, conservative lawmakers have defended the growing wave of various abortion bans.In an interview on Sunday with NBC, the Republican senator Bill Cassidy of Louisiana said reactions to the Texas ruling are “totally alarmist”.“It’s totally alarmist. And by the way, when did the FDA think they could go above the law?” Cassidy said, adding: “Dobbs, I think, was the correct decision,” in reference to the supreme court’s overturning of federal abortion rights last year.Cassidy’s comments come two days after Florida’s Republican governor, Ron DeSantis, signed into law a six-week abortion ban across the state, which currently has a 15-week ban. More

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    ‘It’s a scary time’: Florida Democrat vows to keep fighting six-week abortion ban

    Last week, Lauren Book, the top Democrat in the Florida senate – was placed in handcuffs, arrested and charged with trespassing, after refusing to leave an abortion rights demonstration near the state capitol building in Tallahassee.Hours before, Republican lawmakers in the state senate advanced the legislation, which would dramatically restrict the state’s current ban on abortion from 15 weeks of pregnancy to six weeks – before many women even realize they’re pregnant. Critics say the narrow window would amount to a “near-total” ban on abortions in the state.The bill would have far-reaching implications across the south. After the supreme court’s decision to eliminate a woman’s constitutional right to an abortion, Florida became a haven for women seeking reproductive care from states where access was prohibited or severely restricted, including Louisiana and Alabama.“It’s a scary time,” Book told the Guardian ahead of the vote. “Women are being put in very, very dangerous situations to get the healthcare they need and deserve.”Republican dominance in the state legislature means the bill’s fate is “all but sealed”, she acknowledged. The Republican-controlled house is expected to give the bill final approval as soon as this week. It will then be sent to Governor Ron DeSantis, a Republican who is widely expected to run for president and who has signaled his support.But Book, who has led the opposition to this bill in the state senate, vowed to keep fighting – as a political leader and, she said, as a mother furious that her twins – a boy and a girl – no longer have the same rights to bodily autonomy.“In the course of just two generations, we’ve seen our rights won and lost,” she said in a floor speech last week. “It is up to us to get them back. No one is going to save us but ourselves.”Book became senate minority leader in 2021, having served in the chamber since 2017. The following year, DeSantis signed into law a ban on abortions after 15 weeks of pregnancy, without exceptions for rape or incest.A sharp backlash to last summer’s supreme court decision overturning Roe v Wade fueled a string of ballot-box successes for abortion rights and powered Democrats to victory in states across the country in the 2022 midterm elections. But not in Florida.In November, DeSantis won re-election by nearly 20 points in a state that was once a presidential battleground, while Republicans claimed a supermajority in both chambers of the state legislature.Emboldened, Republican lawmakers have advanced a dizzying array of legislative proposals that have thrilled conservatives, alarmed liberals and offered a policy platform from which the governor could launch a presidential bid.As minority leader, Book believes it is her role to rally the opposition – and help Democrats claw back power in 2024. “We are going to do the work to get the numbers out in ’24,” she said, “because the alternative is not acceptable. It’s dangerous and it is killing women.”In addition to the abortion bill, the state’s Republican lawmakers are pressing forward with legislation that would impose new controls on trans youth, limit drag performances, ease media defamation suits, expand the state’s controversial “Don’t Say Gay” law, ban diversity and equity programs at public universities and colleges, place new restrictions on public-sector unions, and allow a divided jury to impose a death sentence. Already this session, DeSantis signed a law expanding Florida’s school voucher system, and another allowing Floridians to carry a concealed weapon without a permit.But while DeSantis’s conservative crusade may excite his base, Book said she expects it will backfire on him.“We’re not doing the things that matter to Floridians. We’re not doing the things that make life here better,” she said, arguing that the legislature should be focused on tackling the rising cost of property insurance. “Instead, we’re attacking small groups of people, we’re taking away women’s rights, all under the banner of freedom and allowing this guy to run for president.”The governor’s office did not respond to a request for comment.With the abortion bill barrelling toward the governor’s desk, Book said she and her Democratic colleagues are using every legislative tool at their disposal to draw attention to the “dangerous consequences” of the legislation.They offered numerous amendments, including one that would allow women seeking abortions to cite religious exemption. Another put forward by Book would have renamed the so-called “Heartbeat Protection Act” to the “Electrical activity that can be manipulated to sound like a heartbeat through ultrasound protection at the expense of pregnant people’s health and well being act.” All were rejected.When the bill came before the senate health policy committee for debate, Democrats extended the session so medical providers and opponents would have more than the allotted “30 seconds” to testify, Book said. In speeches, she shared the stories of women, including a constituent, who faced life-threatening complications after the loss of desired pregnancies because their states new abortion restrictions prevented doctors from administering miscarriage care.skip past newsletter promotionafter newsletter promotionAnd last week, senate Democrats engaged in an emotional floor debate ahead of the senate vote on the six-week ban. From the public gallery overlooking the chamber, protesters repeatedly disrupted the proceedings, shouting down lawmakers who spoke supportively of the legislation. Several were removed before the senate president ordered the gallery cleared.The displays of opposition have had little effect.State senator Erin Grall, a Republican sponsor of the bill, said during the debate that “bodily autonomy should not give a person the permission to kill an innocent human being”. Republicans have sought to emphasize that the measure allows for exceptions in cases of rape, incest or human trafficking until 15 weeks of pregnancy – additions DeSantis has called “sensible”.Critics counter that the exceptions are narrow, noting that the proposal will require victims to “provide a copy of a restraining order, police report, medical record, or other court order” before they can receive an abortion.Book, a sexual assault survivor, says the paperwork requirement will keep women from seeking care. “Show your documents to prove that you were raped?” Book said. “You don’t even need to do that now to carry a gun.”The bill’s proponents also tout provisions that would expand funding for anti-abortion pregnancy centers and provide families car seats, cribs and diapers. Book called the initiatives “insulting”.“You’re going to give them car seats or a crib? What about healthcare? What about child care? Those are things that people need,” Book said. “They’re not pro life. They’re pro-birth.”Book sees a backlash brewing in Florida, though it won’t come in time to stop Republicans from passing the ban.According to a recent survey by the Public Religion Research Institute, nearly two-thirds of Floridians believe abortion should be legal in most or all cases. Another poll published last month found that roughly three in four Florida voters, including 61% of Republican respondents, say they oppose a six-week abortion ban with no exceptions for rape or incest. (Notably, the measure that passed the Florida senate does allow for exceptions, which was not asked as part of the polling question.)Activists on both sides of the abortion debate are, meanwhile, waiting on a decision by the Florida supreme court, which is weighing a challenge to the state’s current 15-week ban. The six-week proposal would only go into effect if the 15-week ban is upheld.Book said she would like to see the matter settled by Florida voters in the form of a ballot initiative, like it was in Michigan and other states. In the meantime, she is urging women in Florida and around the country “not to take matters into your own hands”.Protesters have once again gathered in Tallahassee, as the Republican-controlled house charges ahead with a debate on the measure scheduled for Thursday. Among them will be Nikki Fried, chair of the Florida Democratic party, who was arrested alongside Book last week. For Book, the women’s resistance is proof that however bleak it may appear now, the fight for abortion rights in Florida is only just beginning.“​I’m heartened by the women who are now occupying Tallahassee and not going quietly into the night,” she said. “I think that is emblematic that this is not over.” More

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    ‘We will not cave’: governors stockpile abortion drugs as access is threatened

    Several Democratic governors have moved swiftly to protect access to medication abortion in their states after a ruling by a Texas judge late last week threatened access to the widely used abortion drug mifepristone.In an announcement on Monday, Governor Maura Healey of Massachusetts said her state had ordered about 15,000 doses of mifepristone, the first of two drugs in a medication abortion regimen that has been approved for use up to the 10th week of pregnancy.Healey also issued an executive order that she said would help protect access to medication abortions and shield providers who perform them.In California, Governor Gavin Newsom, also a Democrat, said his state had secured an emergency stockpile of up to 2m pills of misoprostol, the second drug in the regimen that can be used safely on its own, though is slightly less effective as a single medication. That drug, which is used to treat other medical conditions, is also being targeted by anti-abortion groups seeking to remove it from the market.“In response to this extremist ban on a medication abortion drug, our state has secured a stockpile of an alternative medication abortion drug to ensure that Californians continue to have access to safe reproductive health treatments,” Newsom said in a statement. “We will not cave to extremists who are trying to outlaw these critical abortion services. Medication abortion remains legal in California.”Their actions come after US district judge Matthew Kacsmaryk, an appointee of Donald Trump known for his anti-abortion views, issued a ruling late on Friday that invalidated the 23-year-old approval of mifepristone by the Food and Drug Administration (FDA). On the same night, a federal judge in Washington state issued a contradictory ruling that ordered the FDA to maintain the drug’s approval in at least 17 states where Democrats had sued.On Monday, the US justice department appealed the Texas ruling, asking a federal appeals court to place a hold on the “extraordinary and unprecedented order”. Underscoring the legal uncertainty surrounding the dueling orders, the administration separately asked the federal court in Washington state for clarity.With access to the drug imperiled, and Democrats stymied in Washington by the Republican majority in the House of Representatives, a handful of liberal state governors said they were taking matters into their own hands.“A judge has made a politically motivated decision to override doctors, patients and medical experts and block access to critical medications,” Healey said on Monday, unveiling the plan at a press conference outside the Massachusetts statehouse in Boston. “Today, we collectively are saying loud and clear: not on our watch.”In anticipation of the Texas ruling, the Democratic governor of Washington, Jay Inslee, announced last week that his state would stockpile a three-year supply of mifepristone in the event the drug became more difficult to access. Days later, Kacsmaryk issued his ruling.Several other Democratic governors and state attorneys general have condemned the ruling while seeking to make clear that, at least for now, the drug remains available. Some went further, promising to keep medication abortion legal and accessible in their states, although without providing further details.More than half of abortions in the US rely on medication abortion, and most of those involve the two-drug protocol. If the appeals court doesn’t intervene, the Texas ruling would take effect on Friday with far-reaching implications for access.The FDA approved mifepristone to terminate pregnancy in 2000, when used with misoprostol. Despite claims made in the Texas lawsuit, there is decades’ worth of scientific research concluding that mifepristone is safe.States have become the epicenter of the fight over abortion rights since the supreme court’s landmark decision last June to overturn Roe v Wade. Since then, more than a dozen Republican-led states have enacted abortion bans or severely restricted access to the procedure.​Anti-abortion groups have long targeted medication abortion, the most common method for terminating a pregnancy in the US. But it became the focus of efforts after the supreme court’s landmark decision last June to overturn Roe v Wade, allowing states to regulate abortion.Although more than a dozen Republican-led states moved quickly to ban or severely restrict abortions​, with scores of new limits pending before state legislatures this session, Democratic-led states have pushed in the opposite direction. Yet if the Texas ruling stands, experts say it would upend access nationwide, limiting the drug even in states where abortion is legal.Abortion opponents in blue states denounced the efforts by Democratic governors to preserve access to medication abortion.“It is appalling that Gavin Newsom is so obsessed with ending the lives of children in the womb that he is attempting to stockpile dangerous and potentially illegal drugs,” California Family Council president Jonathan Keller wrote on Twitter. “California again proves the only ‘choice’ they care about is abortion.”Newsom said the judge’s ruling “ignores facts, science and the law” in a way that puts “the health of millions of women and girls at risk”.“Abortion is still legal and accessible here in California and we won’t stand by as fundamental freedoms are stripped away,” he said.Other supporters of abortion rights similarly denounced the conservative judge’s decision on abortion as “unprincipled” and out of step with the American public. In states where the issue has been put on the ballot, from right-leaning Kansas to battleground Michigan and liberal Vermont, voters have opted to preserve or expand access.“I’ve fought like hell to protect abortion access and I’m not backing down,” Michigan’s governor, Gretchen Whitmer, said on Friday. “I will keep taking steps to expand access to reproductive healthcare and fight against anyone threatening our rights.”Whitmer recently signed legislation repealing the state’s nearly century-old abortion ban, after Michigan voters overwhelmingly approved a ballot initiative in November to enshrine abortion protections into the state constitution.Democrats and reproductive rights advocates believe the issue will continue to motivate voters in the coming election cycles after lifting them to victories across the country in the 2022 midterms. Last week’s election of a liberal judge to serve on the Wisconsin supreme court brought fresh evidence of the enduring potency of abortion politics.“This decision will only enrage Americans further and move them to more action,” Mini Timmaraju, president of the Naral Pro-Choice America advocacy group, said on a call with reporters on Monday. “Our eyes are on 2023 and 2024 – 2022 was just the beginning.” More

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    US appeals Texas judge’s ruling to suspend abortion pill approval

    The US government on Monday appealed a Texas judge’s decision to suspend the Food and Drug Administration’s 23-year-old approval of a key abortion drug, saying the ruling endangered women’s health by blocking access to a pill long deemed safe.In a filing with the 5th US circuit court of appeals, the Department of Justice (DoJ) called judge Matthew Kacsmaryk’s decision on the drug mifepristone “especially unwarranted” because it would undermine the FDA’s scientific judgment and harm women for whom the drug is medically necessary.The DoJ also said the anti-abortion groups that sought to overturn the FDA’s approval had no right to sue in the first place, saying they could not show they were harmed and had left the approval unchallenged for years.Kacsmaryk’s decision “upended decades of reliance by blocking FDA’s approval of mifepristone and depriving patients of access to this safe and effective treatment, based on the court’s own misguided assessment of the drug’s safety,” the department said.Lawyers for the anti-abortion groups did not immediately respond to requests for comment.Kacsmaryk, a district judge appointed by former Republican president Donald Trump, had ruled on Friday that the FDA exceeded its authority by ignoring mifepristone’s risks and relying on “plainly unsound reasoning” when approving it.The judge, who works in Amarillo, Texas, stayed his ruling for seven days to allow the Biden administration time to appeal.In Monday’s filing, the justice department asked that Kacsmaryk’s stay remain in place until all appeals, including if necessary to the US supreme court, are resolved.Mifepristone is part of a two-drug regimen, also including misoprostol, for medication abortions in the first 10 weeks of pregnancy. The drugs account for more than half of all US abortions.Kacsmaryk ruled just 18 minutes before a federal judge in Washington state issued a contradictory ruling that directed the FDA to keep the drug available in 17 states.In a Monday filing in that case, the justice department asked the judge there to clarify what should happen if Kacsmaryk’s order took effect.The conflicting rulings could foreshadow a resolution by the supreme court, which last June overturned the 1973 Roe v Wade decision, eliminating a constitutional right to abortion.The supreme court has a 6-3 conservative majority. The New Orleans-based fifth circuit also has a conservative reputation, with three-quarters of its active judges appointed by Republican presidents.“This administration stands by the FDA and is prepared for this legal fight, and we will continue our work to protect reproductive rights,” White House spokesperson Karine Jean-Pierre said.Monday’s appeal came in a case brought by anti-abortion groups led by the Alliance for Hippocratic Medicine, which was formed last August.They accused the FDA of failing to consider during its approval process for mifepristone the drug’s safety when used by girls under age 18.The plaintiffs sought a sympathetic court by suing in Amarillo, where Kacsmaryk is the only federal district judge.Kacsmaryk had written critically about Roe v Wade, and the former Christian legal activist’s courtroom is a popular destination for conservatives challenging Biden policies.Twelve US states ban abortion, while 14 others ban it at some point after six to 22 weeks of pregnancy, according to the nonprofit Guttmacher Institute, which supports abortion rights. More

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    Democrats condemn judge’s ‘draconian’ decision threatening abortion drug

    Democrats angrily denounced as “dangerous” and “draconian” a decision by a Texas judge that threatens access to a widely used abortion medication, while demanding the Joe Biden White House do more to protect reproductive rights.Nearly a quarter-century after the Food and Drug Administration approved the abortion pill mifepristone, the federal judge Matthew Kacsmaryk on Friday sought to invalidate the agency’s decision, handing down an unprecedented order that – if upheld – would severely restrict access to one of the most commonly used methods of terminating a pregnancy.In a dueling court ruling, handed down moments after, a judge in Washington state contradicted the Texas decision, ordering the FDA to maintain the “status quo” availability of mifepristone.With the future of access to medication abortion in potential jeopardy, even in states where the procedure remains legal, Democrats, reproductive rights advocates and providers vowed to keep fighting to protect the drug’s availability.In a statement, Biden called the ruling the “next big step toward the national ban on abortion that Republican elected officials have vowed to make law in America” and pledged to fight Kacsmaryk’s decision. On Friday night, the justice department gave notice that it would appeal the Texas ruling and said it was reviewing the Washington decision.The conflicting court orders left much uncertainty about the future of abortion access, probably elevating the issue to the US supreme court. With little faith in a majority conservative court that overturned Roe v Wade, Democrats are urging the administration to act more aggressively.“Ignore this ruling,” the US senator Ron Wyden, a Democrat of Oregon, said, arguing that the FDA has the authority to disregard the decision by Kacsmaryk, who was appointed to the federal bench by the Donald Trump White House.Wyden added: “The FDA, doctors, and pharmacies can and must go about their jobs like nothing has changed and keep mifepristone accessible to women across America.”Mifepristone is the first pill in a two-drug medication abortion regimen, which is approved for use through the 10th week of pregnancy. More than half of abortions in the US rely on the medication, and the Texas decision, if allowed to stand, would have severe ramifications for access.The president of the abortion rights group All* Above All, Morgan Hopkins, said Biden’s administration must “act immediately to ensure medication abortion care remains available, without interference from politicians or judges”.Since the supreme court eliminated the constitutional right to abortion, administration officials have moved to expand access to abortion medication and protect patients seeking care who travel to states where the procedure is legal. But the White House has so far resisted calls from reproductive rights advocates to declare a public health emergency for abortion.Biden has insisted, as he did again on Friday, that the “only way to stop those who are committed to taking away women’s rights and freedoms” is to elect candidates who will codify abortion protections into federal law.The Texas ruling comes days after a liberal judge won a commanding victory to serve on the Wisconsin supreme court in a contest that underscored the enduring potency of abortion politics. The judge, Janet Protasiewicz, had effectively promised voters that if they elected her, flipping the ideological balance of the court from conservative to liberal, the new majority would overturn Wisconsin’s 1849 abortion ban.Successive victories in favor of abortion rights from Kansas to Michigan have galvanized Democrats, who say the issue was key to their unexpectedly strong showing in last year’s midterms. The party plans to continue harnessing voter anger over the loss of federal abortion protections in upcoming elections.“The Republican party is playing with fire,” said Cecile Richards, a former president of Planned Parenthood who is now a co-chair at American Bridge 21st Century, a Democratic organization. “They have put their rightwing politics ahead of the health and wellbeing of American women. They are trying to strip Americans of our basic rights to control our bodies and our futures.”Laphonza Butler, president of Emily’s List, said the group was “working overtime to replace Republicans up and down the ballot with Democratic pro-choice women who are committed to protecting our reproductive freedoms no matter what”.Democrats were quick to cast the decision by Kacsmaryk, who had written critically of the Roe precedent, as part of a broader effort by conservatives to erode women’s reproductive rights.“This judge’s ruling is bullshit,” tweeted Senator Catherine Cortez Masto, a Democrat of Nevada who narrowly won re-election last year after making abortion rights a central issue of her campaign.The Democratic Connecticut senator Chris Murphy added in a statement: “We cannot allow rightwing judges to ignore the science, and put the health, safety, and autonomy of millions of women at risk.”And Congressman Hakeem Jeffries, the US House Democratic leader, said Republican efforts to restrict access to abortion care were “like a malignant tumor” spreading across the US.Yet despite their fury, congressional Democrats see few legislative options. With Republicans in control of the House, and Senate Democrats unable to eliminate the 60-vote legislative filibuster, efforts to protect abortion access are all but certain to fall short.Nevertheless, the Senate majority leader, Chuck Schumer of New York, said his caucus was “relentlessly working to protect a woman’s right to choose from this extreme … Republican agenda” and recommitted to passing the Women’s Health Protection Act, legislation that seeks to enshrine abortion protections in federal law. But the measure lacks enough support to overcome the filibuster.In response to the Texas judge’s ruling, a number of Democrats renewed calls to eliminate the filibuster in the Senate, though they do not have enough support among their caucus to do so.Some prominent conservatives celebrated Kacsmaryk’s decision. For instance, Trump’s vice-president, Mike Pence, said: “Life won again today”.But some top Republicans, including Trump, the leading contender for the party’s 2024 presidential nomination, were silent late on Friday, reflecting a growing unease within the party about the political risks of overreaching on one of the most emotionally charged issues in American politics. More