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American Voices With Alicia Menendez

washington state case is reall critical to helping us hold th line, from this problemati decision from judge matthe kacsmaryk. in texas we know, at least for the next week, possibly longer, medication abortion, mifepristone specifically, i available. folks should understand that and they should be talking t their providers, their doctors about how they can access it it's really important to know, right, now it is legal and she had mifepristone be of the market, anytime in the nea future, my - the other medication abortio is still available look, we knew this judge, he's an extremist, you've covered it we knew how he was gonna rule, even before he heard the arguments. he's an extremist. who's refused to use standar medical terms, and if you read the decision, it's outrageousl inflammatory it reads like something yo would read on a far-right blob not the writings of a judge. and this is a guy who has record of affiliation with the most radical organizations, an

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American Voices With Alicia Menendez

texas judge gave the fda seven days to appeal, the justic department said no time in doing so in short, the fda is being tol both to revoke and maintai approval what does that mean for thos seeking abortion care across this country joining me now to discuss, msnbc legal analyst, lis reuben lisa, talk us through these tw cases. in texas and washington state, and what happens next? >> let's first start with conflicting result, alicia, as you noted, in texas last night we had a judge who has staye the fda's 2000 approval of mifepristone that's not an order to the fda to do anything what the plaintiffs had aske for was, an order to withdra or suspend that approval he characterizes this as a lis ricotta, but actually, it' more dramatic if anything. it's basically acting as i that approval in 2000, never happened at all. now, at the same time, as yo noted, there's a ruling in our later, from a washington federal court, that does almos

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American Voices With Alicia Menendez

said, decisions about abortion should be left of the people i their elected representatives, which include their federa representatives, a number of states imposed fairly rigorous bans on abortion, or further restrictions on medication abortion the problem with that, however there is a long-standing federal law, the food drug, an cosmetic act, that allows th fda to make decisions, nationwide, about drug safet and efficacy in fact, the approval of mifepristone was pursuant to that folks in the antiabortio movement realize, if it came down to a battle between the fda, which had approve mifepristone in 2000, and some of the state regulations, th fda might win. because of a legal doctrin called federal preemption. that's where the federal government lawfully acts pursuant to its authority, and there's a conflicting state law, that state law was must fall the antiabortion movemen smartly realized, rather havin a fight between the department of justice in any of these individual states, the bes thing they could do is try t knock out mifepristone

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American Voices With Alicia Menendez

exactly the opposite that cases brought by 18 states, whose attorneys general wanted to join the fda for making any changes to the existin regulations, in fact, one of the fda to go even further i remove certain restrictions, that exist to date on th availability of mifepristone right now, you have the fd subject to two totally contrar rulings, you've got a seven-da pause on the rulings from th judge in texas, and th department of justice, which filed an immediate appeal last night. with the fifth circuit that's a federal court o appeals, that oversees the area, including texas, it is als known as perhaps the mos conservative and ideological federal peels court in the country. >> lisa, this is the first tim a judge has overruled the fda' scientific testing process you called it a stroke of evil genius tell me why. >> it's a stroke of evil genius, and here is why, alicia. in the wake of dobbs, whic

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American Voices With Alicia Menendez

which are not parties to the texas case in terms of remaining vigilant what i mean by that, we will monitor all the developments that have to do with access to mifepristone, as it affects ou states, and if there's ever threat to access, we will ac in any way that our powe allows us to do. to protect access in our states the ultimate goal -- sorry, go ahead. >> no, i when you are th ultimate goal is than alaska go ahead >> you bet the ultimate goal of our lawsuit, is to expand access t mifepristone it is one of the safest drug out there, it's demonstrably safer than tylenol but for a long time, the fda has head restrictions on thi drug that make it very difficult to prescribe and dispense, and for patients t obtain ultimately, what we're seeking in our lawsuit, not only t protect access to this critica drug, that women need fo health care, but to expand

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American Voices With Alicia Menendez

access and make it easier for doctors to prescribe the drug, jus like they would prescribe an other prescription medication. >> here's the thing i will hel you understand, which is abortion access has become increasingly complicated since the fall of roe. and when it comes to thi widely used safe medication, these rulings out of texas, an out of your state, washington, i would argue, they make thing murkier. before the texas ruling even dropped, you had a ruling we expected, could the justic department or the fda do anything ahead of that decisio to make rules on medicatio abortion access more clear to prevent conflicting state laws, on mifepristone, given that the murkiness is part o the challenge here >> i agree that the murkines is part of the challenge the fda is in a position where they are a party to this cas in texas that has resulted i this really terrible outcome in my opinion.

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American Voices With Alicia Menendez

it for weeks, it suspended fda approval of mifepristone, th drug that, as you know, ha been safely used for more than 20 years, has become the mos common method for terminatin pregnancies in this country. within an hour, another federa judge in washington state, contradicted that ruling ordering the fda to keep the drug available at 17 states in d.c. president biden last night condemning the texas route calling it, quote, the next bi step before the national ban o abortion by republican elected officials have vowed to make a lot america. vice president kamala harris committed to fighting back >> there is no question, president and i are gonna stan with the women of america, and do everything we can to ensure that women have the ability to make decisions about their health care, their reproductiv health care, in a manner tha is what they need, and the decide that, not their government >> the drug will continue to b available for now, since the

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American Voices With Alicia Menendez

general, kristen majeski, she' a legal adviser at the cente of the washington stat mifepristone thank you very much for taking the time to be with us, you've called this texas lawsui against abortion medicatio merit-less your thoughts on this ruling by a judge kacsmaryk, and th impact it's gonna have acros this country >> i believe that it's a merit -less ruling, it's a deepl disturbing and troubling ruling i can't say that it was a bi surprise i think that it's apparent fro reading the order, why the plaintiffs in that case went t such great lengths to make sur that their case would be heard by this particular judge >> here is one of the reasons wanted to talk to you, wel this texas case was playing out, your state, washington state along with 16 other states i washington d.c., fought to prevent the fda from restricting mifepristone following the promising ruling out of washington state. i just wonder, is ther anything for your office to do right now, other than sit an wait >> i think it remains to b

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American Voices With Alicia Menendez

we are confident that the fd will continue to defend it very strong position in that case and we're hopeful that the fifth circuit will objectively apply the law, and overtur that texas decision, and restore the clarity an certainty that access to mifepristone is available in states where abortion is accessible >> washington state, first assistant attorney general kristen majeski, we are slated to talk before the ruling from your state dropped, i'm so happy we're able to have thi conversation today thank you. >> joining us now mini timmaraju president of pro-choice america doug mini, talk to me abou your fears i've talked a lot of legales over the last 30 minutes let's talk about what this actually means for people wh are seeking medication and seeking care >> yeah, i think what th assistant tierney journal just laid out, and i just want to compliment washington state, and the democratic a.g.'s, again, this case is really

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American Voices With Alicia Menendez

mifepristone, remain available. it is after leverage every tool, litigation, legislation an mobilization this is a matter of life and death. >> i will tell you, you and talked right after the dobbs decision, you were among the first to say, please understand, this is the beginning. it is not the end of their efforts. here we are, i want to pick up on your last point, using ever lever, last year, you helped persuade the biden administration to expand acces to medication abortion given this news, what's your message now to the white house >> well, can't stop, won't stop again we have to leverage ever tool available, the other side is, we have to leverage ever tool from litigation t legislation, we have got t pass the women's healt protection act, we have to pas the each act, mobilization keeping the pressure up, because this is a matter o life and death we cannot allow this to go int effect

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