Two different federal court rulings on the U.S. Food and Drug Administration's (FDA's) longstanding approval of an abortion medication have forged an uncertain future for medication abortion access in the country—the latest fallout from the overturning of Roe v. Wade by the Supreme Court late last year.
U.S. District Judge Matthew Kacsmaryk in Texas rejected the FDA's approval of mifepristone on April 7, but stopped his ruling from going into effect for a week. The same day, U.S. District Judge Thomas Rice in Washington state concluded the drug should remain available in 17 states and Washington, D.C., preserving the status quo, stating in the decision that a nationwide injunction would be inappropriate.
For now, there are no immediate changes to the legal status of the drug. If the Texas ruling ultimately goes into effect nationwide, it could have huge ramifications for abortion access, employer's health care costs and insurance plans, including prescription drug formularies. The Biden administration appealed the Texas decision on April 10.
There are many reasons why some employers cover abortion in their health plans, such as to recruit and retain women, to ensure gender equity in their health benefits, or to support reproductive freedom.
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Opposing Rulings
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