Statement of Jocelyn Frye, President of the National Partnership for Women & Families

WASHINGTON, D.C. – April 7, 2023 –

“Today, a rogue judge in a federal court in Texas launched the latest salvo in the regressive and coordinated campaign to restrict the basic human rights of women and all those who can give birth.

“Since the turn of this century, more than 5 million Americans have relied on mifepristone to access medication abortion care. This treatment was made available to the public after the Food and Drug Administration (FDA) conducted a rigorous process, consistent with its rules and procedures, to ensure the medication’s safety and effectiveness.

“In the 116-year history of the Food and Drug Administration, a court had never stopped approval of a safe. effective, FDA-approved medication based solely on political attacks – until today’s ruling.

“It is crystal clear that Judge Matthew J. Kacsmaryk used his decision as an opportunity to undo a lawful, longstanding FDA ruling and advance his personal, partisan agenda rather than uphold his duty to serve as a neutral arbiter of our nation’s laws.

“This decision is a textbook case of judicial activism, and it will further erode the public’s trust on the integrity and credibility of the American legal system. To make matters worse, IF THIS DECISION IS LEFT IN PLACE, it will inflict the greatest harm upon those people who cannot access alternatives to mifepristone due to factors such as where they live and what doctors they can see–including people of color, and people with the lowest incomes.

“While we firmly believe a higher court should take the appropriate action of overturning Kacsmaryk’s profoundly poor judgement, today’s ruling represents a dangerous precedent.

“It is yet another signal that the opponents of reproductive justice are prepared to use any means at their disposal – legitimate or otherwise – to further their aims. And that ideologue judges are fully prepared to wrongfully strip people of the ability to control their own bodies and to exercise reproductive freedom.

“The scope of our nation’s much-cherished individual rights and freedoms must not be determined by the political preferences of a self-selected few. The National Partnership for Women & Families will continue to fight alongside our allies to defend the dignity of all pregnant people – and to protect their fundamental right to determine the course of their own destinies.”

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