After the U.S. Supreme Court overturned Roe v. Wade in last year’s Dobbs v. Jackson case, many observers wondered whether non-surgical abortions–i.e., abortions caused by certain medications–would become illegal.
There are now two competing court decisions about this issue.
This Texas-based decision, issued on April 7, ordered the Food and Drug Administration to withdraw its approval of the abortion pill mifepristone.
On the same day, another federal court ordered the FDA not to withdraw mifepristone approval in the following states:
- Arizona
- Colorado
- Connecticut
- Delaware
- Illinois
- Michigan
- Nevada
- New Mexico
- Oregon
- Rhode Island
- Vermont
- Hawaii
- Maine
- Maryland
- Minnesota
- Pennsylvania
- Washington
The Texas decision is currently stayed (i.e., not in effect) for seven days to allow for appeals.
Because two federal courts have disagreed, it is likely that the U.S. Supreme Court will issue a ruling to settle the matter. When such a ruling might happen is unknown.