Conservative attacks on abortion rights have continued — even here in California | Opinion

The attack on access to abortion continues and may affect those seeking to end pregnancies even in states like California. Over half of all abortions are now through pills, not surgery, and anti-abortion forces are trying to restrict access to this medication.

The most serious threat to abortion medication access is pending before Matthew Kacsmaryk, a very conservative federal court judge in Texas. His ruling is expected soon.

In 2000, the Food and Drug Administration approved the use of the drug mifepristone as a safe and effective way to end early pregnancies when combined with misoprostol.

The Alliance for Hippocratic Medicine is represented by the Alliance Defending Freedom, a conservative Christian organization. The challengers claim that the FDA improperly used an accelerated proceeding for approval of mifepristone that’s reserved for new drugs that would benefit patients with serious or life-threatening illnesses. They have asked Kacsmaryk to revoke the approval of the drug and bar its ability to be prescribed in the U.S.

It would be unprecedented for a judge to end the prescription for a drug, especially one that’s been on the market for 23 years and repeatedly proven to be safe and effective. Medically induced abortions are safer than surgical abortions and far safer than childbirth. But it’s no coincidence that the case is before Kacsmaryk. Under the rules for the U.S. District Court for the Northern District of Texas, any case filed in its Amarillo Division goes to him, as he’s the only judge in that division.

Former President Trump appointed Kacsmaryk, who had been deputy general counsel to the very conservative First Liberty Institute. Kacsmaryk was confirmed by the Senate in 2019 by a 52-46 vote, split along party lines. When Texas wanted to challenge President Biden’s end of the Trump era “Remain in Mexico” policy, which required those seeking asylum in the U.S. to remain in Mexico while their applications were being considered, Kacsmaryk was their man. And he came through enjoining the Biden action, in a case now before the Supreme Court.

When conservatives wanted to challenge a federal program that allows federally funded clinics to dispense contraceptives to all who request it, conservative activists brought the challenge before Kacsmaryk. And in doing so, in December 2022, he ignored Supreme Court precedents that explicitly protect a fundamental right of minors to have access to contraceptives.

If Kacsmaryk rules in favor of the challengers and issues a nationwide injunction, it will stop medically induced abortions everywhere in the entire country. The Biden administration would surely appeal, but the case would go to the very conservative Fifth Circuit which has many judges who are outspoken foes of abortion rights.

And that’s not the only effort to try and stop medically induced abortions. Twenty Republican state attorney generals, including some in states where abortion is legal, sent letters to pharmacies that they would face legal actions for providing medications that end pregnancies. Walgreens, a large national chain, announced it would not fill prescriptions for mifepristone in these states.

But it’s highly doubtful that a state can prohibit the sale of a prescription drug approved by the FDA. It’s for them, not the states, to decide whether a prescription drug can be sold. It would be unprecedented for states to have the authority to override this.

Nonetheless, rather than fight back against these attorney generals, Walgreens capitulated. As a result, women in these states will lack access to the medication even if state law does not forbid it. In response, Gov. Gavin Newsom said “California won’t be doing business with Walgreen’s — or any company that cowers to the extremists and puts women’s lives at risk,” and canceled a $54 million contract between California and Walgreens.

These concerted efforts to end access to abortion pills reflect our changed reality with regard to abortions. Pharmacies need to have the courage to resist intimidation, and customers should put pressure on companies like Walgreens and boycott them.

The Biden administration must do everything it can to ensure that there is access to mifepristone everywhere in the country.