MYNORTHWEST NEWS

Law Professor: Texas abortion rulings could cause ‘chaos’

Apr 24, 2023, 8:38 AM | Updated: 9:59 am

The United States is awaiting the next move as courts across the country hear and decide what to do about access to the drug used in the most common method of abortion.

Friday’s U.S. Supreme Court decision preserved access to mifepristone, at least until other courts deal with the matter. But what kind of fallout could happen here in Washington state?

Doctors performing gender-affirming treatment, abortions on minors protected in WA

On the surface, Seattle University Family Law Professor Dierdre Bowen says our state’s access to the drug remains unchanged.

“Essentially, the status quo of the availability of mifepristone right now remains available because Washington state is a state where abortion is allowed,” Bowen said.

But it does not mean an end to a federal court case already underway here in Washington.

Earlier this year, Washington Attorney General Bob Ferguson and Oregon Attorney General Ellen Rosenblum, as well as attorneys general from 15 other jurisdictions, filed a brief in U.S. District Court for the Eastern District of Washington.

The states argue that mifepristone has been proven to be safe and effective and is critical to protecting the health, safety, and rights of their residents to have safe access to essential reproductive health care.

“That litigation will still proceed,” says Bowen. “The Supreme Court decision does not impact that litigation on mifepristone.”

But things get more complicated next month when the 5th Circuit Court of Appeals in New Orleans takes up the Texas judge’s ruling from April 7.

In that decision, he asserted the FDA’s original approval of mifepristone 23 years ago–and all the changes to that approval ever since were flawed.

Professor Bowen says if the circuit judge agrees with the Texas ruling, everything is up in the air here.

“What ends up happening there is we are back to the chaos of the original ruling between the Northern District of Texas and the Eastern District of Washington, where there are competing and contradictory rulings,” Bowen said.

“Whatever happens in Texas,” Bowen continued, “even if they affirm the Northern District of Texas, the case will go to the (U.S.) Supreme Court.”

For now, though, everything remains as it is. And, no matter what happens in other states, abortion is still legal in Washington, and state supplies of mifepristone already on hand may be used for abortions.

And what’s next? Bowen says the 5th Circuit Court takes up the Texas decision until May 17.

So far, no trial date has been set for the Eastern District of Washington’s challenge to FDA restrictions on the medication.

MyNorthwest News

Bremerton hit-and-run...

Jason Sutich

Bremerton police seek driver after hit-and-run leaves pedestrian in critical condition

Bremerton Police have asked for assistance in identifying the suspects involved in a hit-and-run incident that left a pedestrian with life-threatening injuries.

25 minutes ago

spain wa train crash...

KIRO 7 News Staff

College students from Washington severely injured in Spain train collision

Two college students from Washington state attending California Polytechnic State University were severely injured in a high-speed train crash in Spain.

2 hours ago

seattle revel restaurant close...

Regan Gallo-Fenz

Last call for Revel: Seattle diners have until Dec. 20 before doors close

Fans of Fremont's Revel restaurant have until Dec. 20 to dine one last time. The Korean-inspired restaurant has been serving Seattle customers for 16 years.

2 hours ago

Saldaña King County...

KIRO Newsradio staff

Rebecca Saldaña holds 21-point lead over Toshiko Hasegawa in King County Council race

Rebecca Saldaña holds a 21-point lead in the race for King County Council District 2, with 60% of votes counted in initial results Tuesday.

9 hours ago

Kim Schrier...

MyNorthwest Staff

Kim Schrier holds an early advantage over Spencer Meline in WA-8 race

Democratic incumbent Kim Schrier is ahead of Republican Spencer Meline in initial election results for Washington’s 8th Congressional District seat in the U.S. House of Representatives.

9 hours ago

Seattle transit measure...

MyNorthwest Staff

Seattle transit measure leads with more than 72% support in early results

Seattle’s transit measure renewal held a commanding lead in early election results, with more than 72% of votes counted in favor.

10 hours ago

Law Professor: Texas abortion rulings could cause ‘chaos’