The Boston Bar Association (BBA) is deeply concerned by the recent decision of the U.S. District Court for the Northern District of Texas to enjoin the FDA’s approval of mifepristone, which has been used safely in the United States for decades. This decision is another step toward rolling back access to abortion nationwide.
As we previously stated, the Supreme Court’s decision in Dobbs v. Jackson made it possible for states to take away the right to seek an abortion and undermined the freedom that the right to privacy affords a person to plan their family, life, and career path. While Massachusetts state law protects the right to abortion, the district court’s decision to enjoin the FDA’s longstanding approval of mifepristone risks restricting and creating uncertainty regarding the availability of and access to a safe medication that allows people to obtain abortion. This decision also threatens to interfere with the ability of health care professionals to provide safe and scientifically proven treatments that they determine to be medically appropriate for their patients.
The BBA has a long history of speaking out in support of gender equality, LGBTQ+ rights, and the protection of civil rights. Reproductive justice is fundamental to the dignity, equality, health, and well-being of every person. There cannot be full equality under the law without the presumption of reproductive autonomy, and we are deeply troubled by the potential impact of this decision on the rights of women and pregnant people across the country.