Attorney General Bonta: Supreme Court Stay on Texas Medication Abortion Decision Means Patients Retain Access to Mifepristone While Litigation Continues

Friday, April 21, 2023
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OAKLAND — California Attorney General Rob Bonta today issued a statement after the U.S. Supreme Court issued a stay, ensuring continued availability of mifepristone, a medication widely used for abortions and miscarriage management:

“Today’s decision by the Supreme Court means patients can continue to access the critical, lifesaving reproductive care they need,” said Attorney General Bonta. “I am hopeful that this decision is an indication that better days are ahead for our country. Medication abortion is vital to saving lives, empowering communities, and securing healthy futures. That’s why California has been at the forefront of the legal fight to defend access to mifepristone — from the Texas district court to the Fifth Circuit to the Supreme Court. We will continue to do everything in our power to protect access to reproductive healthcare for all who need it.”

The U.S. Supreme Court today granted the Biden Administration’s application for an emergency stay. The court’s order stays the April 7 order by the U.S. District Court for the Northern District of Texas in Alliance for Hippocratic Medicine et al. v. FDA.  The Texas district court blocked access to mifepristone in its entirety. Last week, the Fifth Circuit returned a ruling, staying part of the district court’s order to allow mifepristone, but sharply limiting access to the medication. Today’s court order stays the entirety of the district court’s order, pending appeal. The federal government has appealed the Texas district court order and that appeal is proceeding on an expedited schedule.

Mifepristone is an exceedingly safe and effective medication — so safe that its use presents a lower risk of serious complications than taking Tylenol, having a wisdom tooth removed, using Viagra, or getting a colonoscopy. Today's ruling ensures it remains available for patients during the appeal and any further Supreme Court proceedings.

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